35 U.S.C. § 102 — Conditions for patentability; novelty

Page 41 TITLE 35—PATENTS § 102 ‘‘(b) APPLICABILITY OF AMENDMENTS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the amendments made by this title shall apply only to international design applications, international ap- plications, and national applications filed on and after the effective date set forth in subsection (a), and patents issuing thereon. ‘‘(2) EXCEPTION.—Sections 100(i) and 102(d) of title 35, United States Code, as amended by this title, shall not apply to an application, or any patent issuing thereon, unless it is described in section 3(n)(1) of the Leahy-Smith America Invents Act [Pub. L. 112–29] (35 U.S.C. 100 note). ‘‘(c) DEFINITIONS.—For purposes of this section— ‘‘(1) the terms ‘treaty’ and ‘international design ap- plication’ have the meanings given those terms in section 381 of title 35, United States Code, as added by this title; ‘‘(2) the term ‘international application’ has the meaning given that term in section 351(c) of title 35, United States Code; and ‘‘(3) the term ‘national application’ means ‘national application’ within the meaning of chapter 38 of title 35, United States Code, as added by this title.’’ EFFECTIVE DATE OF 2011 AMENDMENT; SAVINGS PROVISIONS Pub. L. 112–29, § 3(n), Sept. 16, 2011, 125 Stat. 293, pro- vided that: ‘‘(1) IN GENERAL.—Except as otherwise provided in this section [amending this section and sections 32, 102, 103, 111, 119, 120, 134, 135, 145, 146, 154, 172, 202, 287, 291, 305, 363, 374, and 375 of this title, repealing sections 104 and 157 of this title, and enacting provisions set out as notes under sections 32, 102, and 111 of this title], the amendments made by this section shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act [Sept. 16, 2011], and shall apply to any application for patent, and to any patent issuing thereon, that contains or contained at any time— ‘‘(A) a claim to a claimed invention that has an ef- fective filing date as defined in section 100(i) of title 35, United States Code, that is on or after the effec- tive date described in this paragraph; or ‘‘(B) a specific reference under section 120, 121, or 365(c) of title 35, United States Code, to any patent or application that contains or contained at any time such a claim. ‘‘(2) INTERFERING PATENTS.—The provisions of sec- tions 102(g), 135, and 291 of title 35, United States Code, as in effect on the day before the effective date set forth in paragraph (1) of this subsection, shall apply to each claim of an application for patent, and any patent issued thereon, for which the amendments made by this section also apply, if such application or patent con- tains or contained at any time— ‘‘(A) a claim to an invention having an effective fil- ing date as defined in section 100(i) of title 35, United States Code, that occurs before the effective date set forth in paragraph (1) of this subsection; or ‘‘(B) a specific reference under section 120, 121, or 365(c) of title 35, United States Code, to any patent or application that contains or contained at any time such a claim.’’ EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective Nov. 29, 1999, and applicable to any patent issuing from an original application filed in the United States on or after that date, see section 1000(a)(9) [title IV, § 4608(a)] of Pub. L. 106–113, set out as a note under section 41 of this title. § 101. Inventions patentable Whoever invents or discovers any new and use- ful process, machine, manufacture, or composi- tion of matter, or any new and useful improve- ment thereof, may obtain a patent therefor, sub- ject to the conditions and requirements of this title. (July 19, 1952, ch. 950, 66 Stat. 797.) HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., § 31 (R.S. 4886, amended (1) Mar. 3, 1897, ch. 391, § 1, 29 Stat. 692, (2) May 23, 1930, ch. 312, § 1, 46 Stat. 376, (3) Aug. 5, 1939, ch. 450, § 1, 53 Stat. 1212). The corresponding section of existing statute is split into two sections, section 101 relating to the subject matter for which patents may be obtained, and section 102 defining statutory novelty and stating other condi- tions for patentability. Section 101 follows the wording of the existing stat- ute as to the subject matter for patents, except that reference to plant patents has been omitted for incor- poration in section 301 and the word ‘‘art’’ has been re- placed by ‘‘process’’, which is defined in section 100. The word ‘‘art’’ in the corresponding section of the ex- isting statute has a different meaning than the same word as used in other places in the statute; it has been interpreted by the courts as being practically synony- mous with process or method. ‘‘Process’’ has been used as its meaning is more readily grasped than ‘‘art’’ as interpreted, and the definition in section 100(b) makes it clear that ‘‘process or method’’ is meant. The re- mainder of the definition clarifies the status of proc- esses or methods which involve merely the new use of a known process, machine, manufacture, composition of matter, or material; they are processes or methods under the statute and may be patented provided the conditions for patentability are satisfied. Statutory Notes and Related Subsidiaries LIMITATION ON ISSUANCE OF PATENTS Pub. L. 112–29, § 33, Sept. 16, 2011, 125 Stat. 340, pro- vided that: ‘‘(a) LIMITATION.—Notwithstanding any other provi- sion of law, no patent may issue on a claim directed to or encompassing a human organism. ‘‘(b) EFFECTIVE DATE.— ‘‘(1) IN GENERAL.—Subsection (a) shall apply to any application for patent that is pending on, or filed on or after, the date of the enactment of this Act [Sept. 16, 2011]. ‘‘(2) PRIOR APPLICATIONS.—Subsection (a) shall not affect the validity of any patent issued on an applica- tion to which paragraph (1) does not apply.’’ § 102. Conditions for patentability; novelty (a) NOVELTY; PRIOR ART.—A person shall be entitled to a patent unless— (1) the claimed invention was patented, de- scribed in a printed publication, or in public use, on sale, or otherwise available to the pub- lic before the effective filing date of the claimed invention; or (2) the claimed invention was described in a patent issued under section 151, or in an appli- cation for patent published or deemed pub- lished under section 122(b), in which the patent or application, as the case may be, names an- other inventor and was effectively filed before the effective filing date of the claimed inven- tion. (b) EXCEPTIONS.— (1) DISCLOSURES MADE 1 YEAR OR LESS BEFORE THE EFFECTIVE FILING DATE OF THE CLAIMED IN- VENTION.—A disclosure made 1 year or less be- fore the effective filing date of a claimed in- vention shall not be prior art to the claimed invention under subsection (a)(1) if— Page 42 TITLE 35—PATENTS § 102 (A) the disclosure was made by the inven- tor or joint inventor or by another who ob- tained the subject matter disclosed directly or indirectly from the inventor or a joint in- ventor; or (B) the subject matter disclosed had, be- fore such disclosure, been publicly disclosed by the inventor or a joint inventor or an- other who obtained the subject matter dis- closed directly or indirectly from the inven- tor or a joint inventor. (2) DISCLOSURES APPEARING IN APPLICATIONS AND PATENTS.—A disclosure shall not be prior art to a claimed invention under subsection (a)(2) if— (A) the subject matter disclosed was ob- tained directly or indirectly from the inven- tor or a joint inventor; (B) the subject matter disclosed had, be- fore such subject matter was effectively filed under subsection (a)(2), been publicly dis- closed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the in- ventor or a joint inventor; or (C) the subject matter disclosed and the claimed invention, not later than the effec- tive filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same per- son. (c) COMMON OWNERSHIP UNDER JOINT RESEARCH AGREEMENTS.—Subject matter disclosed and a claimed invention shall be deemed to have been owned by the same person or subject to an obli- gation of assignment to the same person in ap- plying the provisions of subsection (b)(2)(C) if— (1) the subject matter disclosed was devel- oped and the claimed invention was made by, or on behalf of, 1 or more parties to a joint re- search agreement that was in effect on or be- fore the effective filing date of the claimed in- vention; (2) the claimed invention was made as a re- sult of activities undertaken within the scope of the joint research agreement; and (3) the application for patent for the claimed invention discloses or is amended to disclose the names of the parties to the joint research agreement. (d) PATENTS AND PUBLISHED APPLICATIONS EF- FECTIVE AS PRIOR ART.—For purposes of deter- mining whether a patent or application for pat- ent is prior art to a claimed invention under subsection (a)(2), such patent or application shall be considered to have been effectively filed, with respect to any subject matter de- scribed in the patent or application— (1) if paragraph (2) does not apply, as of the actual filing date of the patent or the applica- tion for patent; or (2) if the patent or application for patent is entitled to claim a right of priority under sec- tion 119, 365(a), 365(b), 386(a), or 386(b), or to claim the benefit of an earlier filing date under section 120, 121, 365(c), or 386(c), based upon 1 or more prior filed applications for pat- ent, as of the filing date of the earliest such application that describes the subject matter. (July 19, 1952, ch. 950, 66 Stat. 797; Pub. L. 92–358, § 2, July 28, 1972, 86 Stat. 502; Pub. L. 94–131, § 5, Nov. 14, 1975, 89 Stat. 691; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4505, 4806], Nov. 29, 1999, 113 Stat. 1536, 1501A–565, 1501A–590; Pub. L. 107–273, div. C, title III, § 13205(1), Nov. 2, 2002, 116 Stat. 1902; Pub. L. 112–29, § 3(b)(1), Sept. 16, 2011, 125 Stat. 285; Pub. L. 112–211, title I, § 102(2), Dec. 18, 2012, 126 Stat. 1531.) HISTORICAL AND REVISION NOTES Paragraphs (a), (b), and (c) are based on Title 35, U.S.C., 1946 ed., § 31 (R.S. 4886, amended (1) Mar. 3, 1897, ch. 391, § 1, 29 Stat. 692, (2) May 23, 1930, ch. 312, § 1, 46 Stat. 376, (3) Aug. 5, 1939, ch. 450, § 1, 53 Stat. 1212). No change is made in these paragraphs other than that due to division into lettered paragraphs. The in- terpretation by the courts of paragraph (a) as being more restricted than the actual language would suggest (for example, ‘‘known’’ has been held to mean ‘‘publicly known’’) is recognized but no change in the language is made at this time. Paragraph (a) together with section 104 contains the substance of Title 35, U.S.C., 1946 ed., § 72 (R.S. 4923). Paragraph (d) is based on Title 35, U.S.C., 1946 ed., § 32, first paragraph (R.S. 4887 (first paragraph), amend- ed (1) Mar. 3, 1897, ch. 391, § 3, 29 Stat. 692, 693, (2) Mar. 3, 1903, ch. 1019, § 1, 32 Stat. 1225, 1226, (3) June 19, 1936, ch. 594, 49 Stat. 1529). The section has been changed so that the prior for- eign patent is not a bar unless it was granted before the filing of the application in the United States. Paragraph (e) is new and enacts the rule of Milburn v. Davis-Bournonville, 270 U.S. 390, by reason of which a United States patent disclosing an invention dates from the date of filing the application for the purpose of anticipating a subsequent inventor. Paragraph (f) indicates the necessity for the inventor as the party applying for patent. Subsequent sections permit certain persons to apply in place of the inventor under special circumstances. Paragraph (g) is derived from Title 35, U.S.C., 1946 ed., § 69 (R.S. 4920, amended (1) Mar. 3, 1897, ch. 391, § 2, 29 Stat. 692, (2) Aug. 5, 1939, ch. 450, § 1, 53 Stat. 1212), the second defense recited in this section. This para- graph retains the present rules of law governing the de- termination of priority of invention. Language relating specifically to designs is omitted for inclusion in subsequent sections. Editorial Notes AMENDMENTS 2012—Subsec. (d)(2). Pub. L. 112–211 substituted ‘‘to claim a right of priority under section 119, 365(a), 365(b), 386(a), or 386(b), or to claim the benefit of an earlier fil- ing date under section 120, 121, 365(c), or 386(c)’’ for ‘‘to claim a right of priority under section 119, 365(a), or 365(b), or to claim the benefit of an earlier filing date under section 120, 121, or 365(c)’’. 2011—Pub. L. 112–29 amended section generally. Prior to amendment, section related to conditions for patent- ability; novelty and loss of right to patent. 2002—Subsec. (e). Pub. L. 107–273, amended Pub. L. 106–113, § 1000(a)(9) [title IV, § 4505]. See 1999 Amendment note below. Prior to being amended by Pub. L. 107–273, Pub. L. 106–113, § 1000(a)(9) [title IV, § 4505], had amended subsec. (e) to read as follows: ‘‘The invention was de- scribed in— ‘‘(1) an application for patent, published under sec- tion 122(b), by another filed in the United States be- fore the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effect under this subsection of a national application pub- lished under section 122(b) only if the international application designating the United States was pub- lished under Article 21(2)(a) of such treaty in the English language; or ‘‘(2) a patent granted on an application for patent by another filed in the United States before the in- Page 43 TITLE 35—PATENTS § 102 vention by the applicant for patent, except that a patent shall not be deemed filed in the United States for the purposes of this subsection based on the filing of an international application filed under the treaty defined in section 351(a); or’’. 1999—Subsec. (e). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4505], as amended by Pub. L. 107–273, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: ‘‘the invention was described in a patent grant- ed on an application for patent by another filed in the United States before the invention thereof by the appli- cant for patent, or on an international application by another who has fulfilled the requirements of para- graphs (1), (2), and (4) of section 371(c) of this title be- fore the invention thereof by the applicant for patent, or’’. Subsec. (g). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4806], amended subsec. (g) generally. Prior to amend- ment, subsec. (g) read as follows: ‘‘before the appli- cant’s invention thereof the invention was made in this country by another who had not abandoned, suppressed, or concealed it. In determining priority of invention there shall be considered not only the respective dates of conception and reduction to practice of the inven- tion, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.’’ 1975—Par. (e). Pub. L. 94–131 inserted provision for nonentitlement to a patent where the invention was de- scribed in a patent granted on an international applica- tion by another who has fulfilled the requirements of pars. (1), (2), and (4) of section 371(c) of this title before the invention thereof by the applicant for patent. 1972—Subsec. (d). Pub. L. 92–358 inserted reference to inventions that were the subject of an inventors’ cer- tificate. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–211 effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Con- cerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and applicable only to certain ap- plications filed on and after that effective date and pat- ents issuing thereon, with certain exceptions, see sec- tion 103 of Pub. L. 112–211, set out as a note under sec- tion 100 of this title. EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–29 effective upon the expi- ration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 1000(a)(9) [title IV, § 4505] of Pub. L. 106–113 effective Nov. 29, 2000 and applicable to all patents and all applications for patents pending on or filed after Nov. 29, 2000, see section 1000(a)(9) [title IV, § 4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94–131 effective Jan. 24, 1978, and applicable on and after that date to patent applica- tions filed in the United States and to international ap- plications, where applicable, see section 11 of Pub. L. 94–131, set out as an Effective Date note under section 351 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–358, § 3(b), July 28, 1972, 86 Stat. 502, pro- vided that: ‘‘Section 2 of this Act [amending this sec- tion] shall take effect six months from the date when Articles 1 to 12 of the Paris Convention of March 20, 1883, for the Protection of Industrial Property, as re- vised at Stockholm, July 14, 1967, come into force with respect to the United States [Aug. 25, 1973] and shall apply to applications thereafter filed in the United States.’’ SAVINGS PROVISIONS Provisions of former subsec. (g) of this section, as in effect on the day before the expiration of the 18-month period beginning on Sept. 16, 2011, apply to each claim of certain applications for patent, and certain patents issued thereon, for which the amendments made by sec- tion 3 of Pub. L. 112–29 also apply, see section 3(n)(2) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title. CONTINUITY OF INTENT UNDER THE CREATE ACT Pub. L. 112–29, § 3(b)(2), Sept. 16, 2011, 125 Stat. 287, provided that: ‘‘The enactment of section 102(c) of title 35, United States Code, under paragraph (1) of this sub- section is done with the same intent to promote joint research activities that was expressed, including in the legislative history, through the enactment of the Coop- erative Research and Technology Enhancement Act of 2004 (Public Law 108–453; the ‘CREATE Act’) [see Short Title of 2004 Amendment note set out under section 1 of this title], the amendments of which are stricken by subsection (c) of this section [amending section 103 of this title]. The United States Patent and Trademark Office shall administer section 102(c) of title 35, United States Code, in a manner consistent with the legisla- tive history of the CREATE Act that was relevant to its administration by the United States Patent and Trademark Office.’’ TAX STRATEGIES DEEMED WITHIN THE PRIOR ART Pub. L. 112–29, § 14, Sept. 16, 2011, 125 Stat. 327, pro- vided that: ‘‘(a) IN GENERAL.—For purposes of evaluating an in- vention under section 102 or 103 of title 35, United States Code, any strategy for reducing, avoiding, or de- ferring tax liability, whether known or unknown at the time of the invention or application for patent, shall be deemed insufficient to differentiate a claimed inven- tion from the prior art. ‘‘(b) DEFINITION.—For purposes of this section, the term ‘tax liability’ refers to any liability for a tax under any Federal, State, or local law, or the law of any foreign jurisdiction, including any statute, rule, regulation, or ordinance that levies, imposes, or as- sesses such tax liability. ‘‘(c) EXCLUSIONS.—This section does not apply to that part of an invention that— ‘‘(1) is a method, apparatus, technology, computer program product, or system, that is used solely for preparing a tax or information return or other tax fil- ing, including one that records, transmits, transfers, or organizes data related to such filing; or ‘‘(2) is a method, apparatus, technology, computer program product, or system used solely for financial management, to the extent that it is severable from any tax strategy or does not limit the use of any tax strategy by any taxpayer or tax advisor. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to imply that other business meth- ods are patentable or that other business method pat- ents are valid. ‘‘(e) EFFECTIVE DATE; APPLICABILITY.—This section shall take effect on the date of the enactment of this Act [Sept. 16, 2011] and shall apply to any patent appli- cation that is pending on, or filed on or after, that date, and to any patent that is issued on or after that date.’’ EMERGENCY RELIEF FROM POSTAL SITUATION AFFECTING PATENT CASES Relief as to filing date of patent application or patent affected by postal situation beginning on Mar. 18, 1970, Page 44 TITLE 35—PATENTS § 103 and ending on or about Mar. 30, 1970, but patents issued with earlier filing dates not effective as prior art under subsec. (e) of this section as of such earlier filing dates, see section 1(a) of Pub. L. 92–34, formerly set out in a note under section 111 of this title. § 103. Conditions for patentability; non-obvious subject matter A patent for a claimed invention may not be obtained, notwithstanding that the claimed in- vention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. (July 19, 1952, ch. 950, 66 Stat. 798; Pub. L. 98–622, title I, § 103, Nov. 8, 1984, 98 Stat. 3384; Pub. L. 104–41, § 1, Nov. 1, 1995, 109 Stat. 351; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4807(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–591; Pub. L. 108–453, § 2, Dec. 10, 2004, 118 Stat. 3596; Pub. L. 112–29, §§ 3(c), 20(j), Sept. 16, 2011, 125 Stat. 287, 335.) HISTORICAL AND REVISION NOTES There is no provision corresponding to the first sen- tence explicitly stated in the present statutes, but the refusal of patents by the Patent Office, and the holding of patents invalid by the courts, on the ground of lack of invention or lack of patentable novelty has been fol- lowed since at least as early as 1850. This paragraph is added with the view that an explicit statement in the statute may have some stabilizing effect, and also to serve as a basis for the addition at a later time of some criteria which may be worked out. The second sentence states that patentability as to this requirement is not to be negatived by the manner in which the invention was made, that is, it is immate- rial whether it resulted from long toil and experimen- tation or from a flash of genius. Editorial Notes AMENDMENTS 2011—Pub. L. 112–29, § 3(c), amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) and related to conditions for patentability; non-ob- vious subject matter. Subsecs. (a), (c)(1). Pub. L. 112–29, § 20(j), struck out ‘‘of this title’’ after ‘‘102’’. 2004—Subsec. (c). Pub. L. 108–453 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘Subject matter developed by another person, which qualifies as prior art only under one or more of subsections (e), (f), and (g) of section 102 of this title, shall not preclude patentability under this section where the subject matter and the claimed invention were, at the time the invention was made, owned by the same person or subject to an obligation of assign- ment to the same person.’’ 1999—Subsec. (c). Pub. L. 106–113 substituted ‘‘one or more of subsections (e), (f), and (g)’’ for ‘‘subsection (f) or (g)’’. 1995—Pub. L. 104–41 designated first and second pars. as subsecs. (a) and (c), respectively, and added subsec. (b). 1984—Pub. L. 98–622 inserted ‘‘Subject matter devel- oped by another person, which qualifies as prior art only under subsection (f) or (g) of section 102 of this title, shall not preclude patentability under this sec- tion where the subject matter and the claimed inven- tion were, at the time the invention was made, owned by the same person or subject to an obligation of as- signment to the same person.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by section 3(c) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under sec- tion 100 of this title. Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–453, § 3, Dec. 10, 2004, 118 Stat. 3596, pro- vided that: ‘‘(a) IN GENERAL.—The amendments made by this Act [amending this section] shall apply to any patent granted on or after the date of the enactment of this Act [Dec. 10, 2004]. ‘‘(b) SPECIAL RULE.—The amendments made by this Act shall not affect any final decision of a court or the United States Patent and Trademark Office rendered before the date of the enactment of this Act, and shall not affect the right of any party in any action pending before the United States Patent and Trademark Office or a court on the date of the enactment of this Act to have that party’s rights determined on the basis of the provisions of title 35, United States Code, in effect on the day before the date of the enactment of this Act.’’ EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4807(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–591, provided that: ‘‘The amendment made by this section [amending this section] shall apply to any application for patent filed on or after the date of the enactment of this Act [Nov. 29, 1999].’’ EFFECTIVE DATE OF 1995 AMENDMENT Pub. L. 104–41, § 3, Nov. 1, 1995, 109 Stat. 352, provided that: ‘‘The amendments made by section 1 [amending this section] shall apply to any application for patent filed on or after the date of enactment of this Act [Nov. 1, 1995] and to any application for patent pending on such date of enactment, including (in either case) an application for the reissuance of a patent.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–622, title I, § 106, Nov. 8, 1984, 98 Stat. 3385, provided that: ‘‘(a) Subject to subsections (b), (c), (d), and (e) of this section, the amendments made by this Act [probably should be ‘‘this title’’, meaning title I of Pub. L. 98–622, enacting section 157 of this title, amending this section and sections 116, 120, 135, and 271 of this title, and en- acting a provision set out as a note under section 157 of this title] shall apply to all United States patents granted before, on, or after the date of enactment of this Act [Nov. 8, 1984], and to all applications for United States patents pending on or filed after the date of enactment. ‘‘(b) The amendments made by this Act shall not af- fect any final decision made by the court or the Patent and Trademark Office before the date of enactment of this Act [Nov. 8, 1984], with respect to a patent or appli- cation for patent, if no appeal from such decision is pending and the time for filing an appeal has expired. ‘‘(c) Section 271(f) of title 35, United States Code, added by section 101 of this Act shall apply only to the