[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4208 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4208

   To amend title 35, United States Code, to promote research among 
    universities, the public sector, and private enterprise in the 
                           informatics realm.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 2, 2005

 Mr. Gerlach introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 35, United States Code, to promote research among 
    universities, the public sector, and private enterprise in the 
                           informatics realm.

    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 ``Informatics Act of 2005''.

SEC. 2. INFORMATION GENERATED BY A PATENTED PROCESS IN INFRINGEMENT 
              DETERMINATIONS.

    (a) Infringement of Patent.--Section 271 of title 35, United States 
Code, is amended by adding at the end the following new subsection:
    ``(j) As used in this section, the term `product' shall include 
both physical goods and information in any fixed format.''.

SEC. 3. EFFECTIVE DATE.

    (a) In General.--The amendment made by section 2 shall apply to any 
patent granted before, on, or after the date of the enactment of this 
Act.
    (b) Special Rule.--The amendment made by section 2 shall not affect 
any final decision of a court or the United States Patent and Trademark 
Office rendered before the date of the enactment of this Act, and shall 
not affect the right of any party in any action pending before the 
United States Patent and Trademark Office or a court on the date of the 
enactment of this Act to have that party's rights determined on the 
basis of the provisions of title 35, United States Code, in effect on 
the day before the date of the enactment of this Act.
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