Page:United States Statutes at Large Volume 108 Part 6.djvu/421

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PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4989 or sale in the United States of which substantial preparation was made after the 6-monthL grace period but before the acceptance of a maintenance fee under this subsection, and the court may also provide for the continued practice of any process that is practiced, or for the practice of which substantial preparation was made, after the 6-month grace period but before the acceptance of a maintenance fee under this subsection, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced after the 6-month grace period but before the acceptance of a maintenance fee under this subsection.". (2) The second undesignated paragraph of section 252 of title 35, United States Code, is amended to read as follows: "A reissued patent shall not abridge or affect the right of any person or that person's successors in business who, prior to the grant of a reissue, made, purchased, offered to sell, or used within the United States, or imported into the United States, any- thing patented by the reissued patent, to continue the use of, to offer to sell, or to sell to others to be used, offered for sale, or sold, the specific thing so made, purchased, offered for sale, used, or imported unless the making, using, offering for s£de, or selling of such thing infringes a valid claim of the reissued patent which was in the original patent. The court before which such matter is in question may provide for the continued manufacture, use, offer for sale, or sale of the thing made, purchased, offered for sale, used, or imported as specified, or for the manufacture, use, offer for sale, or sale in the United States of which substantial preparation was made before the grant of the reissue, and the court may also provide for the continued practice of any process patented by the reissue that is practiced, or for the practice of which substantial preparation was made, before the grant of the reissue, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced before the grant of the reissue.". (3) Section 262 of title 35, United States Code, is amended— (A) by striking "use or sell" and inserting "use, offer to sell, or sell"; and (B) by inserting "within the United States, or import the patented invention into the United States," after "invention". (4) Section 272 of title 35, United States Code, is amended by striking "not sold" and inserting "not offered for sale or sold". (5) Section 287 of title 35, United States Code, is amended— (A) in subsection (a)— (i) by striking "making or seUing" and inserting "making, offering for sale, or selling within the United States"; and (ii) by inserting "or importing any patented article into the United States," after "under them,"; and (B) in subsection (b)— (i) in paragraph (1)(C), by striking "use, or sale" and inserting "use, offer for sale, or sale";