34
1 (1) Sections 111(b)(1)(A) of title 35, United
2 States Code, is amended by striking ‘‘the first para-
3 graph of section 112 of this title’’ and inserting
4 ‘‘section 112(a)’’.
5 (2) Section 111(b)(2) of title 35, United States
6 Code, is amended by striking ‘‘the second through
7 fifth paragraphs of section 112,’’ and inserting
8 ‘‘subsections (b) through (e) of section 112,’’.
9 (e) EFFECTIVE DATE.—The amendments made by
10 this section shall take effect upon the expiration of the
11 1-year period beginning on the date of the enactment of
12 this Act and shall apply to any patent application that
13 is filed on or after that effective date.
14 SEC. 5. DEFENSE TO INFRINGEMENT BASED ON PRIOR
15 COMMERCIAL USE.
16 (a) IN GENERAL.—Section 273 of title 35, United
17 States Code, is amended to read as follows:
18 ‘‘§273. Defense to infringement based on prior com-
19 mercial use
20 ‘‘(a) IN GENERAL.—A person shall be entitled to a
21 defense under section 282(b) with respect to subject mat-
22 ter consisting of a process, or consisting of a machine,
23 manufacture, or composition of matter used in a manufac-
24 turing or other commercial process, that would otherwise
•HR 1249 EH
34
1 (1) Sections 111(b)(1)(A) of title 35, United
2 States Code, is amended by striking ‘‘the first para-
3 graph of section 112 of this title’’ and inserting
4 ‘‘section 112(a)’’.
5 (2) Section 111(b)(2) of title 35, United States
6 Code, is amended by striking ‘‘the second through
7 fifth paragraphs of section 112,’’ and inserting
8 ‘‘subsections (b) through (e) of section 112,’’.
9 (e) EFFECTIVE DATE.—The amendments made by
10 this section shall take effect upon the expiration of the
11 1-year period beginning on the date of the enactment of
12 this Act and shall apply to any patent application that
13 is filed on or after that effective date.
14 SEC. 5. DEFENSE TO INFRINGEMENT BASED ON PRIOR
15 COMMERCIAL USE.
16 (a) IN GENERAL.—Section 273 of title 35, United
17 States Code, is amended to read as follows:
18 ‘‘§273. Defense to infringement based on prior com-
19 mercial use
20 ‘‘(a) IN GENERAL.—A person shall be entitled to a
21 defense under section 282(b) with respect to subject mat-
22 ter consisting of a process, or consisting of a machine,
23 manufacture, or composition of matter used in a manufac-
24 turing or other commercial process, that would otherwise
•HR 1249 EH
