3.0.0 108 2022-11-01T13:49:30Z 2022-11-01T14:26:49Z House HR 2019-01-03 116 [Congressional Record Volume 165, Number 1 (Thursday, January 3, 2019)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. BURGESS:H.R. 108.Congress has the power to enact this legislation pursuantto the following:The authority granted to Congress to regulate patent andintellectual property law is derived from Article I, Section8, clause 8 of the Constitution, providing the legislaturewith the power to ``promote the progress of science anduseful arts, by securing for limited times to authors andinventors the exclusive right to their respective writingsand discoveries.'' Further, the Necessary and Proper Clausefound in Article I, Section 8, clause 18, provides Congresswith the power to ``make all laws which shall be necessaryand proper for carrying into execution the foregoing powers,and all other powers vested by this Constitution in thegovernment of the United States, or in any department orofficer thereof.''[Page H214]]]> hsif00 Energy and Commerce Committee House Standing hsif17 Innovation, Data, and Commerce Subcommittee Referred to 2019-01-25T18:01:31Z Referred to 2019-01-03T16:06:25Z STRONGER Patents Act of 2019 116 3666 HR 2019-07-30 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. Related bill CRS STRONGER Patents Act of 2019 116 2082 S 2019-07-10 Read twice and referred to the Committee on the Judiciary. Related bill CRS 2019-01-25 hsif17 Innovation, Data, and Commerce Subcommittee 1 House committee actions Referred to the Subcommittee on Consumer Protection and Commerce. Committee 2019-01-03 Referred to the House Committee on Energy and Commerce. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2019-01-03 Introduced in House IntroReferral Intro-H 9 Library of Congress 2019-01-03 Introduced in House IntroReferral 1000 9 Library of Congress B001248 Rep. Burgess, Michael C. [R-TX-26] Michael Burgess R TX C. 26 N S001187 Rep. Stivers, Steve [R-OH-15] Steve Stivers R OH 15 2019-07-10 False Commerce Civil actions and liability Federal preemption Fraud offenses and financial crimes Intellectual property State and local government operations Commerce 00 2019-01-03 Introduced in House 2019-07-25T18:54:58Z Targeting Rogue and Opaque Letters Act of 2019

This bill prohibits sending bad faith patent demand letters.

A patent demand letter is a written communication claiming that the recipient may be liable for patent infringement. Bad faith means making knowingly false or misleading statements, making claims with reckless disregard for the truth, or omitting information with the intent to deceive.

Bad faith representations include false or misleading claims about the sender's right to assert a patent and whether lawsuits have been filed. It also includes making written demands for compensation for invalid patents, or to demand compensation without identifying the ultimate parent entity of the letter sender.

The sender shall have an affirmative defense that it acted in good faith, by proving its misstatements or omissions were unintentional and it made an error in spite of procedures to avoid such errors.

The bill preempts state laws relating to patent assertion communications. The Federal Trade Commission and state attorneys general may bring actions to enforce these provisions.


]]> Targeting Rogue and Opaque Letters Act of 2019 Display Title Targeting Rogue and Opaque Letters Act of 2019 Official Title as Introduced To provide that certain bad faith communications in connection with the assertion of a United States patent are unfair or deceptive acts or practices, and for other purposes. Introduced in House IH Short Title(s) as Introduced Targeting Rogue and Opaque Letters Act of 2019 Introduced in House IH Introduced in House 2019-01-03T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-116hr108ih/xml/BILLS-116hr108ih.xml 2019-01-25 Referred to the Subcommittee on Consumer Protection and Commerce. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.