Patent Law Revision Hearings Ninety Second Congress First Session volume
Patent Law Revision Hearings Ninety Second Congress First Session volume
Trademarks United States Congress Senate Committee On the
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In establishing priority of invention, an invention which ha. S once been abandoned for a period of time shall 62-614 — 71 — pt. 1 17 246 not be accorded a date prior to the date of resumption of activity. In determining priority of invention, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time before conception by the other... until his own reduction to practice. " Finally, we recommend that section 102(a) of S. 643 be cancelled and remaining subsections (b) to (d) of section 102 redesignated as subsections (a) to (c). These amendments would assure that an inventor could obtain a patent for a once-abandoned invention, provided he revived the invention before any rival inventor made the same invention. Despite the absolute proscription in present law against abandonment of an invention, no body of decisional law has arisen to preclude the patenting of a timely revived, abandoned invention.
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