UNITED STATES CODE
`
`Congressional and Administrative
`News
`
`97th Congress-Second Session
`1982
`
`Convened January 25, 1982
`The House Adjourned December 21, 1982
`and the Senate Adjourned
`December 23, 1982
`
`Volume 2
`
`PUBLIC LAWS 97-378 to 97-473
`[96 Stat. pages 1925 to 2610)
`
`LEGISLATIVE HISTORY
`[PUBLIC LAWS 97-146 to 97 -248]
`
`ST. PAUL, MINN.
`WEST PUBLISHING CO.
`
`Elm Exhibit 2105
`Samsung, Micron, SK hynix v. Elm
`IPR2016-00387
`
`

`
`COPYRIGHT © 1982, 1983 WEST PUBLISHING CO
`
`COPYRIGt-'T © 1983
`By
`WEST PUBLISHING CO.
`
`Copyright 1s not claimed as to any part of the orig1nal work prepared by a U niled States
`Government officer or employee as part ol that person's ofhc1al dut1es.
`All rights reserved. No pan ol this publication may be reproduced, stored m a retrieval system. or
`transmitted, •n any form or by any means, electromc. mechamcal, pholocopying. recording, or
`otherwise, Without the ;mor written perm1ss1on of the publisher
`
`2 U S Cong News '82 Bd Vol
`
`Elm Exhibit 2105, Page 2
`
`

`
`ner is also
`
`;ection 116,
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`
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`the preced·
`
`PATENT AND TRADEMARK OFFICE
`P.L. 97-247
`
`[page 11]
`Section 14 of the Trademark Act would also be amended to
`delete the requirement that a petition to cancel a registration be
`verified.
`
`SECTION 10
`Section 15 of the Trademark Act is amended to change the term
`"the publication" to "registration" in the first sentence. This
`change makes the date of registration rather than the date of pub(cid:173)
`lication the crucial date for purposes of incontestability. It will also
`make section 15 consistent with sections 22 and 33 of the Act.
`
`SECTION 11
`Section 16 of the Trademark Act is amended to limit the declara(cid:173)
`tion of interferences to those situations where a petition to the
`that extraordinary circumstances exist.
`Commissioner\. shows
`Unless extraordinary circumstances exist, the rights of the parties
`can be determined adequately by the existing opposition and can(cid:173)
`cellation procedures. Additionally, if an interference is declared be(cid:173)
`tween an application and a registration and the applicant wins, a
`cancellation must still be initiated against the registration.
`
`SECTION 12
`A new subsection (a) has been added to section 21 of title 35 to
`authorize, but not to require, the Commissioner of Patents and
`Trademarks to give as the filing date of anv paper or fee which is
`required to be filed in the Patent and Trademark Office the date
`on which the paper or fee was deposited with the United States
`Postal Service. The Commissioner may also give as the filing date
`of any paper or fee which was required to be filed in the Patent
`and Trademark Office the date it would ha\·e been deposited with
`the United States Postal Service but for postal service interrup(cid:173)
`tions or emergencies which the Commissioner designates. The re(cid:173)
`q~irements ~overning whether any given paper or fee may be
`g1ven the fihng date of the day on which it was, or would have
`been, deposited with the United States Postal Service will be set
`forth in regulations established by the Commissioner.
`~ion 21(b) of title 35 is ident1cal to existing section 21 with two
`mmor amendments. The word "federal" has been inserted before
`the phrase "holiday within the District of Columbia" to clarify the
`nature of the holiday.
`
`SECTION 13
`. This section clarifies the authority of the Commissioner in sec(cid:173)
`bon 6(a) of title 35 to enter into a wide range of cooperative agree(cid:173)
`ments concerning the patent and trademark laws or the adminis(cid:173)
`~ratio~ ?f the Patent and Trademark Office. These agreements Are
`m addttlon to the exchange of publications authorized in 35 U .S.C.
`llCbl. and 12. These cooperative agreements may take the form of
`stud1es, programs, exchanges, and other similar ventures. Thus, the
`Pat~nt and Tradem~rk Office could, for example, exchange patent
`cop1es, .non-patent hterature, tapes, or services in return for goods
`or serv1ces of value to the Patent and Trademark Office.
`775
`
`Elm Exhibit 2105, Page 3