Chapter 126. To extend temporarily the time for filing applications for letters patent, for taking actions in the United States Patent Office with respect thereto, for the reviving and reinstatement of applications for letters patent, and for other purposes
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CHAP. 126.— An Act To extend temporarily the time for filing applications for letters patent, for taking actions in the United States Patent Office with respect thereto, for the reviving and reinstatement of applications for letters patent, and for other purposes. March 3, 1921. [[H. R. 15662](/us/bill/66/hr/15662).] [[Public, No. 366](/us/pl/66/366).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Patents.Rights of priority in filing applications abroad, extended for six months.R.S., sec. 4887, p.946.Vol. 32, p. 1226.
That the rights of priority provided by section 4887 of the Revised Statutes, for the filing of applications for patent for inventions and designs, which rights had not expired on the 1st day of August, 1914, or which rights have arisen since the 1st day of August, 1914, shall be, and the same are hereby, extended until the expiration of a period of six months from the pas sage of this Act in favor of the citizens of the United States or citizens or Reciprocal privileges required.subjects of all countries which have extended, or which now extend, or which within said period of six months shall extend substantially reciprocal privileges to citizens of the United States, and such extension shall apply to applications upon which patents have been granted, as well as to *Provisos*.No claim against the Government incurred.Rights of citizens in bona fide possession of patents, etc., not affected.applications now pending or filed within the period herein: *Provided*, That such extension shall in no way furnish a basis of claim against the Government of the United States: *Provided further*, That such extension shall in no way affect the right of any citizen of the United States, who, before the passage of this Act, was bona fide in possession of any rights in patents or applications for patent conflicting with rights in patents granted or validated by reason of such extension, to exercise such rights by itself or himself personally, or by such agents, or licensees, as derived their rights from it, or him, before the passage of this Act, and such persons shall not be amenable to any action for infringement of any patent granted or validated by reason of such extension.
A patent shall not be refused on an application coming withinEffect of prior publication, etc., modified.Vol. 32, p. 1226. the provisions of this Act, nor shall a patent granted on such application be held invalid by reason of the invention having been patented or described in any printed publication or in public use or on sale in the United States prior to the filing of the application, unless such 1314patent or publication or such public use or sale was prior to the filing of the foreign application upon which the right of priority is based.
Sec. 2. Extension of time for payment of fees.That the time now fixed by law for the payment of any fee or for the taking of any action with respect to an application for patent, which time had not expired on August 1, 1914, or which commenced after August 1, 1914, is hereby extended until the expiration of one year from the passage of this Act, without the payment of extension fees or other penalty in favor of the citizens or subjects of countries which have extended, now extend, or shall extend during a period of one Privileges limited.year from the passage of this Act substantially reciprocal privileges to citizens of the United States, provided that no extension herein shall confer such privileges on the citizens or subjects of a foreign country for a Interference cases.longer term than the term during which such privileges are conferred by such foreign country on the citizens of the United States, but nothing in this Act shall give any right to reopen interference proceedings where final hearing before the examiner of interferences has taken place.
Sec. 3. Rights to continue use of devices, etc., not abridged by granting of patent.That no patent granted or validated by reason of the extensions provided tor in sections 1 and 2 of this Act shall abridge or otherwise affect the right of any citizen of the United States, or his agent or agents, or his successor in business, to continue any manufacture, use, or sale commenced before the passage of this Act by such citizen, nor shall the continued manufacture, use, or sale by such citizen, or the use or sale of the devices resulting from such manufacture or use constitute an infringement.
Sec. 4. Applications filed by agents since August 1, 1914, to have same force as if by inventor, etc.That all applications for patent filed since August 1, 1914, and prior to June 15, 1920, which were executed by an agent of the applicant, and in which a petition, specification, and oath, signed by the inventor, or his executor or administrator, had been filed or shall have been filed within a period of one year from the passage of this Act, and the patents granted on such applications, shall have the same force and effect as if the papers signed by the inventor, or his executor or administrator, had been filed on the date on which the papers signed by the agent were filed.
Sec. 5. Validity of authentication by foreign consuls, etc., representing American interests.That all applications for patent filed since August 1, 1914, in which the oath was executed before or authenticated by a consular officer, or other representative qualified to administer oaths, of a Government acting in the interest of the Government of the United States, shall have the same force and effect as if said oath had been executed by the applicant before a consular officer of the United States.
Sec. 6. Rights of priority to inventors while serving abroad.That where an invention was made by a person while serving abroad, during the war, with the forces of the United States, civil or military, the inventor thereof shall be entitled, in interference and other proceedings arising in connection with such invention, to the same rights of priority with respect of such invention as if the same had been made in the United States, and Action to be taken.where an application became abandoned or forfeited, during the time the applicant was serving with the forces of the United States, by reason ot his failure to take action or pay a fee within the time now required by law, such action may be taken, or the fee paid, within six months from the passage of this Act.
Sec. 7. No claim against Government for use of patent rights of alien enemy, products, etc., s nce August 1, 1914.That no claim shall be made or action brought in respect of the use since August 1, 1914, up to the passage of this Act, by the Government of the United States, or by any persons acting on behalf of, or under contract with, or with the assent of the Government of the United States or of Governments or their representatives associated with the United States, under any patent rights owned in whole or in part since August 1, 1914, by an alien enemy, nor in respect of the use of any process during such period, or the sale, offering for sale, or use, at any time, of any products, articles, or 1315apparatus whatsoever manufactured during such period to which such patent rights applied.
Sec. 8. That nothing in this Act shall affect any Act doneAuthority over alien enemy patents not affected. by virtue of the special measures taken during the war under legislative, executive, or administrative authority of the United States Vol. 40, p. 420.in regard to the rights of an enemy, or ally of an enemy, as defined by the Trading with the Enemy Act of October 6, 1917, in patents for inventions and designs. Approved, March 3, 1921.