Page:United States Statutes at Large Volume 66.djvu/861

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66

STAT.]

815

PUBLIC LAW 5 9 3 - J U L Y 19, 1952

ing "35 United States Code, sections 145 and 146"; and by striking out "Revised Statutes 4915" appearing twice in said section and inserting "35 United States Code, section 146". SEC. 3. If any provision of Title 35, as enacted by section 1 hereof, is declared unconstitutional or is held invalid, the validity of the remainder of this title shall not be affected. SEC. 4. (a) This Act shall take effect on January 1, 1953 and shall apply to all applications for patent filed on or after such date and to all patents granted on such applications. I t shall apply to further proceedings on applications pending on such date and to patents granted on such applications except as otherwise provided. I t shall apply to unexpired patents granted prior to such date except as otherwise provided. (b) Section 102(d) of Title 35, as enacted by section 1 hereof, shall not apply to existing patents and pending applications, but the law previously in effect, namely the first paragraph of R. S. 4887 (U. S. Code, title 35, sec. 32, first paragraph, 1946 ed.), shall apply to such patents and applications. (c) Section 119, second paragraph, of Title 35 as enacted by section 1 hereof shall not apply to existing patents. (d) The period of one year specified in section 102(b) of Title 35 as enacted by section 1 hereof shall not apply in the case of applications filed before August 5, 1940, and patents granted on such applications, and with respect to such applications and patents, said period is two years instead of one year. (e) Nothing contained in Title 35, as enacted by section 1 hereof, shall operate to nullify any judicial finding prior to the effective date of this Act on the validity of any patent by a court of competent jurisdiction. (f) Nothing in Title 35, as enacted by section 1 hereof, shall affect any provision of the Atomic Energy Act of 1946 (Aug. 1, 1946, ch. 724,60 Stat. 755). (g) The period of one year specified in section 4 of Title 35 as enacted by section 1 hereof shall not apply in the case of applications filed before the effective date of this Act. (h) The repeal of sections 1-9, 11, 12 of the Act of Congress approved February 1, 1952 (ch. 4, 66 Stat. 3), shall not affect any rights or liabilities existing on the date of approval of this Act. An order of secrecy issued under or in effect under the repealed Act and in effect on the date of approval of this Act, shall be considered as issued under this Act, and any claims arising under the repealed Act or subject to presentation and determination pursuant thereto and unsettled as of the effective date of this Act, may be presented and determined pursuant to the provisions of this Act. SEC. 5. The sections or parts thereof of the Revised Statuu^s or Statutes at Large enumerated in the following schedule are hereby repealed. Any rights or liabilities now existing under such sections or parts thereof shall not be affected by this repeal.

S epar a b i l i t y clause. Effective date.

Nonapplicability.

42 USC

180 1

Post, p. 817. Secrecy orders.

Repeals.