Full Patent Term Preservation Act of 1996

Summary

Full Patent Term Preservation Act of 1996 - Revises patent law to direct that the term of a patent be adjusted to include the period of time for which the issue of the original patent was delayed due to: (1) a proceeding designed to determine the priority of invention ("interference"); (2) the imposition of an order pertaining to a determination that the patent would be detrimental to the national security; (3) appellate review by the Board of Patent Appeals and Interferences or by a Federal court where the patent was issued pursuant to a decision in the review reversing an adverse determination of patentability; or (4) an unusual administrative delay by the Patent and Trademark Office in issuing the patent. Directs the Commissioner of Patents and Trademarks to prescribe regulations to govern the determination of the period of delay, including the circumstances determined to constitute an unusual administrative delay. Establishes a ten-year limit for adjustments in patent terms under this Act. Precludes adjustments in patent term beyond the actual number of days that a patent was delayed. Specifies that no adjustment in patent term may be granted for periods when the applicant did not act with due diligence. Directs the Commissioner to prescribe regulations establishing the circumstances that constitute a failure to act with due diligence. Specifies that no patent, the term of which has been disclaimed beyond a specified date, may be adjusted pursuant to this Act beyond the expiration date specified in the disclaimer. Directs the Commissioner: (1) in a case in which a patent term is so adjusted, to determine the period of any patent term adjustment and include a copy of that determination with the final notice; and (2) to prescribe regulations establishing procedures for the application for, and notification of, patent term adjustments granted by the Commissioner. Authorizes any applicant dissatisfied with such determination to bring a civil action in the United States Court of Federal Claims if commenced within 60 days after the mailing of the notice of allowance as the Commissioner appoints. Specifies that the initiation of such action shall not delay the issuance of a patent.

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Timeline

1. 26 January 1996

   Introduced

   Sponsor introductory remarks on measure. (CR S510-511)

   Source: IntroReferral

2. 26 January 1996

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

3. 26 January 1996

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

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Versions

• Introduced in Senate · 26 January 1996 · Official file

Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 26 January 1996

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 26 January 1996

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 26 January 1996

  Open at official source

Sponsors

• Sen. Hatch, Orrin G. [R-UT] · R · Sponsor
• Sen. Bingaman, Jeff [D-NM] · D · Cosponsor
• · ssju00 · Standing

Related records

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