[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4331 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4331

 To provide for the issuance of patents for the Generalized System of 
  Preference (GSP) countries with a Letter of Agreement with the U.S. 
through a program establishing an International US/GSP Office in which 
the U.S. issues patents using U.S. standards that are valid under both 
U.S. and GSP law, to aid in creating capital for GSP countries through 
patents and innovation and to establish or enhance their patent system 
                  through U.S. expertise and training.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2000

Mr. Saxton (for himself and Ms. Kaptur) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
    to the Committee on International Relations, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for the issuance of patents for the Generalized System of 
  Preference (GSP) countries with a Letter of Agreement with the U.S. 
through a program establishing an International US/GSP Office in which 
the U.S. issues patents using U.S. standards that are valid under both 
U.S. and GSP law, to aid in creating capital for GSP countries through 
patents and innovation and to establish or enhance their patent system 
                  through U.S. expertise and training.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Patent Act of 2000''.

SEC. 101. FINDINGS.

    (a) Congress finds that the strength and quality of U.S. patents is 
recognized throughout the world.
    (b) Congress finds that patents are defined in the U.S. Code as a 
private property right.
    (c) Congress finds that the U.S. is regarded as the world leader in 
intellectual property.
    (d) Congress finds that patents are a societal and economic good 
for a country.
    (e) Congress finds that technology enhances a country's growth and 
patents are an integral part of that growth.
    (f) Congress finds that patents create jobs and new businesses.
    (g) Congress finds that patents are a source of lifting the 
standard of living in a country.
    (h) Congress finds that patents and innovation are a source of 
increasing income for business and citizens of the country.
    (i) Congress finds that patentable products are a source of trade 
for the country.
    (j) Congress finds that the successful 207-year-old U.S. Patent 
Office can be a source of expertise and support for other countries.

           establishing a us/gsp country notification office

SEC. 102. SOVEREIGN DUTIES.

    (a) In General.--The United States Patent and Trademark Office 
under the policy guidance of the Secretary of Commerce, and the 
Assistant Secretary of Commerce and U.S.--Commissioner of Patents shall 
be responsible for
            (1) The establishment at the US Patent and Trademark Office 
        (PTO) of a special U.S./GSP country office for the purpose of 
        official notification of issuance of patents which have 
        official status for both the U.S. and specific GSP country law;
            (2) negotiations with a GSP country to establish a U.S./GSP 
        Patent Notification Office will include the U.S. Department of 
        State and the Department of Commerce who shall exchange Letters 
        of Agreement with each GSP country desiring patents to be 
        issued in this special U.S./GSP Patent Notification Office;
            (3) insuring that dual issuance of Patents under the GSP 
        country law be issued according to U.S. standards and are valid 
        under U.S. law; and
            (4) all examination and search duties for the grant of U.S. 
        letters Patent and specific GSP country patents shall be 
        performed by U.S. examiners who are U.S. citizens.
    (b) Special Payments.--The creation of a trust fund of fifteen 
percent which is charged from fees, and with a special handling fee to 
be set aside in the name of the GSP country for the country's use in 
establishing or enhancing their patent system:
            (1) That in complying with the Patent Cooperation Treaty 
        (PCT), the U.S., which is an examining and patent search PCT 
        country, shall make available computer search facilities of the 
        Patent and Trademark (PTO) patent data base in each GSP 
        country. Under the US/GSP Patent Notification Office a fee 
        shall be charged for U.S. patent search facilities in the GSP 
        country to and shall be determined and negotiated by the 
        Secretary of Commerce and U.S. Patent Commissioner. The State 
        Department shall make available computer search facilities at 
        each Embassy station.

SEC. 103. SMALL BUSINESS DEVELOPMENT.

    Small Business Administration shall provide information to the GSP 
countries on the steps required to create a small business based on a 
patent issued to an individual/small business under US/GSP Patent 
Notification Office.

SEC. 104. INTERNATIONAL GSP/PATENT PROGRAM.

    The Agency for International Development shall develop a program to 
instruct the GSP countries in the methods of structuring a patent 
system to enhance economic development. The U.S. Dole-Bayh Act shall be 
used as a model illustrating the benefits accruing to the universities 
from intellectual property.

                               TITLE III

    Sec. 105. The provisions of this bill become effective upon 
enactment into law.
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