Text: S.459 — 101st Congress (1989-1990)All Information (Except Text)

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--S.459--
S. 459
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To amend title 35, United States Code, with respect to the use of inventions
in outer
space.
 Be it enacted by the Senate and House of Representatives of the United
 States of America in Congress assembled,
SECTION 1. INVENTIONS IN OUTER SPACE.
 (a) IN GENERAL- Chapter 10 of title 35, United States Code, is amended by
 adding at the end the following:
`Sec. 105. Inventions in outer space
 `(a) Any invention made, used or sold in outer space on a space object or
 component thereof under the jurisdiction or control of the United States
 shall be considered to be made, used or sold within the United States for
 the purposes of this title, except with respect to any space object or
 component thereof that is specifically identified and otherwise provided
 for by an international agreement to which the United States is a party,
 or with respect to any space object or component thereof that is carried
 on the registry of a foreign state in accordance with the Convention on
 Registration of Objects Launched into Outer Space.
 `(b) Any invention made, used or sold in outer space on a space object
 or component thereof that is carried on the registry of a foreign state in
 accordance with the Convention on Registration of Objects Launched into Outer
 Space, shall be considered to be made, used or sold within the United States
 for the purposes of this title if specifically so agreed in an international
 agreement between the United States and the state of registry.'.
 (b) TABLE OF CONTENTS- The table of sections of chapter 10 of title 35,
 United States Code, is amended by adding at the end the following:
`105. Inventions in outer space.'.
SEC. 2. SPECIAL RULES.
 (a) EFFECTIVE DATE- Subject to subsections (b), (c), and (d) of this section,
 the amendments made by the first section of this Act shall apply to all
 United States patents granted before, on, or after the date of enactment
 of this Act, and to all applications for United States patents pending on
 or filed on or after such date of enactment.
 (b) FINAL DECISIONS- The amendments made by the first section of this
 Act shall not affect any final decision made by a court or the Patent and
 Trademark Office before the date of enactment of this Act with respect to
 a patent or an application for a patent, if no appeal from such decision
 is pending and the time for filing an appeal has expired.
 (c) PENDING CASES- The amendments made by the first section of this Act
 shall not affect the right of any party in any case pending in a court on
 the date of enactment of this Act to have the party's rights determined on
 the basis of the substantive law in effect before such date of enactment.
 (d) NON-APPLICABILITY- The amendments made by the first section of this
 Act shall not apply to any process, machine, article of manufacture, or
 composition of matter, an embodiment of which was launched prior to the
 date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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