To amend title 35, United States Code, to allow the Director of the United States Patent and Trademark Office to accept late filings in certain cases of unintentional delay.

Authorizes the Director of the United States Patent and Trademark Office (USPTO) to accept any application or other filing made by an applicant for, or owner of, a patent or trademark after the applicable deadline, as the Director considers appropriate, if the applicant or owner files a petition within 30 days after such deadline showing that the delay was unintentional. Deems such a petition denied if the Director has not made a decision within 60 days. Provides that the Director's decision is not subject to judicial review.

Deems that the 30-day period to file a petition after the deadline begins on the date of enactment of this Act for trademark applicants or owners.

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1778 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1778

  To amend title 35, United States Code, to allow the Director of the 
  United States Patent and Trademark Office to accept late filings in 
                 certain cases of unintentional delay.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2007

 Mr. Delahunt (for himself, Mr. Duncan, and Mr. Meehan) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 35, United States Code, to allow the Director of the 
  United States Patent and Trademark Office to accept late filings in 
                 certain cases of unintentional delay.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORITY OF DIRECTOR OF PTO TO ACCEPT LATE FILINGS.

    (a) Authority.--Section 2 of title 35, United States Code, is 
amended by adding at the end the following new subsection:
    ``(e) Discretion To Accept Late Filings in Certain Cases of 
Unintentional Delay.--
            ``(1) In general.--The Director may accept any application 
        or other filing made by--
                    ``(A) an applicant for, or owner of, a patent after 
                the applicable deadline set forth in this title with 
                respect to the application or patent, or
                    ``(B) an applicant for, or owner of, a mark after 
                the applicable deadline under the Trademark Act of 1946 
                with respect to the registration or other filing of the 
                mark,
        to the extent that the Director considers appropriate, if the 
        applicant or owner files a petition within 30 days after such 
        deadline showing, to the satisfaction of the Director, that the 
        delay was unintentional.
            ``(2) Treatment of director's actions on petition.--If the 
        Director has not made a determination on a petition filed under 
        paragraph (1) within 60 days after the date on which the 
        petition is filed, the petition shall be deemed to be denied. A 
        decision by the Director not to exercise, or a failure to 
        exercise, the discretion provided by this subsection shall not 
        be subject to judicial review.
            ``(3) Other provisions not affected.--This subsection shall 
        not apply to any other provision of this title, or to any 
        provision of the Trademark Act of 1946, that authorizes the 
        Director to accept, under certain circumstances, applications 
        or other filings made after a statutory deadline or to 
        statutory deadlines that are required by reason of the 
        obligations of the United States under any treaty.
            ``(4) Definition.--For purposes of this subsection, the 
        `Trademark Act of 1946' refers to the Act entitled `An Act to 
        provide for the registration and protection of trademarks used 
        in commerce, to carry out the provisions of certain 
        international conventions, and for other purposes.', approved 
        July 5, 1946 (15 U.S.C. 1051 et seq.).''.
    (b) Applicability.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to any application or other filing--
                    (A) that is made on or after the date of the 
                enactment of this Act; or
                    (B) that, on such date of enactment, is pending 
                before the Director or is subject to judicial review.
            (2) Treatment of pending applications and filings.--In the 
        case of any application or filing described in paragraph 
        (1)(B), the 30-day period prescribed in section 2(e)(1) of 
        title 35, United States Code, as added by subsection (a) of 
        this section, shall be deemed to be the 30-day period beginning 
        on the date of the enactment of this Act.
                                 <all>