[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4683 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4683

  To provide for the issuance of patents for the countries receiving 
  trade benefits under the Generalized System of Preferences, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 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 countries receiving 
  trade benefits under the Generalized System of Preferences, and for 
                            other purposes.

    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. 2. FINDINGS.

    The Congress finds that--
            (1) the strength and quality of United States patents are 
        recognized throughout the world;
            (2) patents are defined under United States law as a 
        private property right;
            (3) the United States is regarded as the world leader in 
        intellectual property;
            (4) patents are a societal and economic good for a country;
            (5) technology enhances a country's growth and patents are 
        an integral part of that growth;
            (6) patents create jobs and new businesses;
            (7) patents are a source of lifting the standard of living 
        in a country;
            (8) patents and innovation are a source of increasing 
        income for business and citizens of the country;
            (9) patentable products are a source of trade for a 
        country; and
            (10) the successful 207-year-old Federal agency responsible 
        for issuing patents can be a source of expertise and support 
        for other countries.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Director of the patent and trademark office.--The term 
        ``Director of the Patent and Trademark Office'' means the Under 
        Secretary of Commerce for Intellectual Property and the 
        Director of the United States Patent and Trademark Office.
            (2) Patent and trademark office.--The term ``Patent and 
        Trademark Office'' means the United States Patent and Trademark 
        Office.
            (3) GSP country.--The term ``GSP country'' means a 
        beneficiary developing country under title V of the Trade Act 
        of 1974.

SEC. 4. SOVEREIGN DUTIES OF THE PATENT AND TRADEMARK OFFICE.

    (a) In General.--The Director of the Patent and Trademark Office, 
subject to the policy guidance of the Secretary of Commerce, shall be 
responsible for the following:
            (1) The establishment in the Patent and Trademark Office of 
        a US/GSP International Country Notification Office for the 
        purpose of providing official notification of the issuance of 
        patents that are valid both under the laws of the United States 
        and a GSP country with which the United States has entered into 
        an agreement under subsection (b).
            (2) Ensuring that patents that are to be valid under the 
        laws of such a GSP country and the United States be issued 
        according to standards applicable to patents issued under 
        United States law.
            (3) Ensuring that all examination and search duties for the 
        grant of a patent that is to be valid under United States law 
        and the laws of such a GSP country are performed by patent 
        examiners in the Patent and Trademark Office who are United 
        States citizens.
    (b) Agreements With Countries.--The Secretary of State, in 
consultation with the Secretary of Commerce, shall seek to enter into 
negotiations with each GSP country desiring patents to be issued 
pursuant to this Act in order to conclude an agreement with that GSP 
country providing for the issuance and notification of such patents 
pursuant to this Act.
    (c) Special Payments.--
            (1) Trust funds.--The Director of the Patent and Trademark 
        Office shall establish a trust fund for each GSP country with 
        which the United States has an agreement under subsection (b). 
        The Director shall use amounts in the fund to assist that GSP 
        country in establishing or enhancing the patent system in that 
        country, through technical assistance, education programs, and 
        other appropriate programs. There shall be deposited into a 
        fund for a GSP country--
                    (A) 15 percent of the patent fees charged in 
                connection with applications for patent filed and 
                patents issued that are to be valid in both the United 
                States and that country; and
                    (B) a special handling fee for each such patent 
                application or patent, as determined by agreement 
                between the Director of the Patent and Trademark Office 
                and that country.
            (2) Computer search facilities.--The United States shall 
        make available computer search facilities containing the patent 
        data base of the Patent and Trademark Office in each GSP 
        country with which there is an agreement under subsection (b). 
        A fee shall be charged for the use of such patent search 
        facilities in the GSP country. The fee shall be determined by 
        the Secretary of Commerce and the Director of the Patent and 
        Trademark Office, pursuant to agreement with that country. The 
        Secretary of State shall make available such computer search 
        facilities at the United States embassy or mission in that 
        country.

SEC. 5. SMALL BUSINESS DEVELOPMENT.

    The Administrator of the Small Business Administration shall 
provide information to the GSP countries with which agreements have 
been entered into under section 4(b) on the steps required to create a 
small business based on a patent issued to an individual or small 
business pursuant to this Act.

SEC. 6. INTERNATIONAL/GSP PATENT PROGRAM.

    The Agency for International Development shall use funds otherwise 
available to develop and implement a program to provide instruction to 
the GSP countries with which agreements have been reached under section 
4(b) in the methods of structuring a patent system to enhance economic 
development, including demonstrating the benefits that can accrue to 
universities and other institutions from acquiring intellectual 
property rights on the product of their research.
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