An act to amend the Federal Food, Drug, and Cosmetic Act to revise the procedures for new drug applications, to amend title 35, United States Code, to authorize the extension of the patents for certain regulated products, and for other purposes.

Summary

Patent Law Amendments of 1983 - Authorizes the Commissioner of Patents and Trademarks to issue a patent on an invention without the required examination if the applicant waives all legal remedies and pays a stated fee. States that no maintenance fees shall be required for such patents. Permits the Commissioner to require that the total issue fee for all patents be payable within three months of issuance or sooner. Permits the basic fee portion of an international fee to be paid within one month of filing rather than upon filing. States that the designation of the United States as the country in which patent is sought in an international patent filed under the patent cooperation treaty shall continue to have effect until the international application is withdrawn, if a claim for the benefit of a prior filing date is made before such application is ultimately withdrawn. Renders permissible rather than mandatory the receipt from the International Bureau of all international applications and search reports for international applications designating the United States. Permits the Commissioner to fix a later time for the completion of certain requirements than the commencement of the national state of an international application. States that failure to submit a copy of the application by commencement and lack of compliance with other specified requirements shall be regarded as abandonment of the application. (Under current law such receipt is mandatory.) Commissioner to receive a verification of the translation of an international application. Permits a surcharge to be levied as a condition for accepting the national fee or the oath or declaration if these requirements are not met by the commencement of the national stage. Eliminates the special fee and restoration of patent provisions for claims not searched in the international stage and later found not to comply with the requirement for unity of invention under the treaty Prohibits the collection of fees for maintaining a plant patent in force.

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Documents

4 official files

• Public Law (PDF)

  Public Law · EN · 25 September 1984

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• Passed House amended

  summary · EN · 6 September 1984

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• Passed Senate amended

  summary · EN · 29 June 1984

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• Introduced in Senate

  summary · EN · 23 June 1983

  Open at official source

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