[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3089 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3089

 To require a study and report by the Office of Advocacy of the Small 
 Business Administration regarding the effects of proposed changes in 
                              patent law.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2010

 Ms. Landrieu introduced the following bill; which was read twice and 
    referred to the Committee on Small Business and Entrepreneurship

_______________________________________________________________________

                                 A BILL


 
 To require a study and report by the Office of Advocacy of the Small 
 Business Administration regarding the effects of proposed changes in 
                              patent law.

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

SECTION 1. STUDY AND REPORT OF PATENT LAW CHANGES.

    (a) Definitions.--In this section--
            (1) the term ``Chief Counsel'' means the Chief Counsel for 
        Advocacy of the Small Business Administration; and
            (2) the term ``small business concern'' has the meaning 
        given that term under section 3 of the Small Business Act (15 
        U.S.C. 632).
    (b) Study.--
            (1) In general.--The Chief Counsel, in consultation with 
        the Director of the United States Patent and Trademark Office, 
        shall conduct a study of the effects of changing from a first-
        to-invent to a first-to-file invention priority system under 
        patent law under title 35 of the United States Code.
            (2) Areas of study.--The study conducted under paragraph 
        (1) shall include examination of the effects of changing from a 
        first-to-invent to a first-to-file invention priority system, 
        including examining--
                    (A) how the change would affect the ability of 
                small business concerns to obtain patents;
                    (B) whether the change would create or exacerbate 
                any disadvantage for applicants for patents that are 
                small business concerns relative to applicants for 
                patents that are not small business concerns; and
                    (C) the costs and benefits to small business 
                concerns of the change.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Chief Counsel shall submit to the Committee on Small 
Business and Entrepreneurship and the Committee on the Judiciary of the 
Senate and the Committee on Small Business and the Committee on the 
Judiciary of the House of Representatives a report regarding the 
results of the study under subsection (b).
                                 <all>