II 111th CONGRESS 2d Session S. 3089 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.

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).