Patent System Harmonization Act of 1992

Summary

Patent System Harmonization Act of 1992 - Amends Federal patent law to permit the payment of patent application fees in two parts. Prescribes guidelines for conditions for patentability based upon a "first-to-file" system (thus harmonizing the Federal system with that of other countries). (Currently U.S. patents are premised upon a "first-to-invent" system.) Establishes prior user rights for persons who in good faith put inventions to commercial use prior to their being patented (thereby shielding them from liability for patent infringement). Modifies the guidelines under which an applicant for patent may benefit from an earlier filing date in either a foreign country or in the United States. Requires the Commissioner of Patents and Trademarks to publish patent specifications and claims 18 months after a patent application filing date. Mandates that patent applications be open to public inspection and copies be made available to the public within the same time-frame (currently patent applications are kept confidential while pending before the Patent Office). States that a patent application search and examination shall commence upon full payment of the patent application fees (which must be made within 18 months after the earliest application filing date in the United States). Provides for accelerated patent search and examination upon request and payment of a special fee. Increases the patent term from 17 years of date the patent is issued to 20 years from the date on which the application is filed in the United States. Provides for extension of a patent granted on an application which was ordered to be kept secret to up to 30 years after the original application date. Repeals the statutory invention registration guidelines. Declares that patents for designs shall be granted for a 17-year (currently 14-year) term from the date on which the application is filed in the United States. Amends right of priority guidelines to provide that a national application shall be entitled to the right of priority based on a prior filed international application (currently one which designated at least one country other than the United States). Repeals provisions regarding international patent applications designating the United States filed by unqualified applicants.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 9 April 1992

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