[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 632 Referred in Senate (RFS)]

  1st Session
                                H. R. 632


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 13, 1995

                                Received

                           December 21, 1995

       Read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
   To enhance fairness in compensating owners of patents used by the 
                             United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. JUST COMPENSATION.

    (a) Amendment.--Section 1498(a) of title 28, United States Code, is 
amended by adding at the end of 
the first paragraph the following: ``Reasonable and entire compensation 
shall include the owner's reasonable costs, including reasonable fees 
for expert witnesses and attorneys, in pursuing the action if the owner 
is an independent inventor, a nonprofit organization, or an entity that 
had no more than 500 employees at any time during the 5-year period 
preceding the use or manufacture of the patented invention by or for 
the United States. Reasonable and entire compensation described in the 
preceding sentence shall not be paid from amounts available under 
section 1304 of title 31, but shall be payable subject to such extent 
or in such amounts as are provided in annual appropriations Acts.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to actions under section 1498(a) of title 28, United States Code, 
that are pending on, or brought on or after, January 1, 1995.

            Passed the House of Representatives December 12, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.