[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1720 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1720
To promote transparency in patent ownership and make other improvements
to the patent system, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2013
Mr. Leahy (for himself, Mr. Lee, Mr. Whitehouse, and Ms. Klobuchar)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To promote transparency in patent ownership and make other improvements
to the patent system, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Patent
Transparency and Improvements Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Transparency of patent ownership.
Sec. 4. Customer stay.
Sec. 5. Bad-faith demand letters.
Sec. 6. Small business education, outreach, and information access.
Sec. 7. Improved post-issuance procedures.
Sec. 8. Protection of intellectual-property licenses in bankruptcy.
Sec. 9. Codification of the double-patenting doctrine for first-
inventor-to-file patents.
Sec. 10. Technical corrections to the Leahy-Smith America Invents Act.
Sec. 11. Reports.
Sec. 12. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
(2) Office.--The term ``Office'' means the United States
Patent and Trademark Office.
SEC. 3. TRANSPARENCY OF PATENT OWNERSHIP.
(a) Judicial Proceedings.--
(1) In general.--Section 281 of title 35, United States
Code, is amended--
(A) by striking ``A patentee'' and inserting ``(a)
In General.--A patentee''; and
(B) by adding at the end the following:
``(b) Initial Disclosure.--The court shall require a patentee who
has filed a civil action under subsection (a) to disclose to the court
and to all adverse parties, any persons, associations of persons,
firms, partnerships, corporations (including parent corporations), or
other entities other than the patentee itself known by the patentee to
have--
``(1) a financial interest (of any kind) in the subject
matter in controversy or in a party to the proceeding; or
``(2) any other kind of interest that could be
substantially affected by the outcome of the proceeding.
``(c) Definitions.--For purposes of this section, the terms
`proceeding' and `financial interest' have the meaning given those
terms in section 455(d) of title 28.''.
(2) Technical and conforming amendment.--Section 290 of
title 35, United States Code, is amended in the first sentence
by inserting after ``inventor,'' the following: ``any
information that a patentee has publicly disclosed under
section 281(b),''.
(b) Patent and Trademark Office Proceedings.--
(1) In general.--Chapter 26 of title 35, United States
Code, is amended by adding at the end the following:
``Sec. 263. Disclosure of information relating to patent ownership
``(a) Definitions.--In this section--
``(1) the term `period of noncompliance' refers to a period
of time during which the ultimate parent entity of an assignee
of a patent has not been disclosed to the United States Patent
and Trademark Office in accordance with this section; and
``(2) the term `ultimate parent entity' has the meaning
given the term in section 801.1(a)(3) of title 16, Code of
Federal Regulations, or any successor regulation.
``(b) Requirement To Disclose Assignment.--An assignment of all
substantial rights in an issued patent that results in a change to the
ultimate parent entity shall be recorded in the Patent and Trademark
Office within 3 months of the assignment.
``(c) Disclosure Requirements.--A disclosure under subsection (b)
shall include the name of the assignee and the ultimate parent entity
of the assignee.
``(d) Failure To Comply.--If subsection (b) has not been complied
with with respect to a patent, in a civil action in which a party
asserts a claim for infringement of the patent--
``(1) the party asserting infringement of the patent may
not recover increased damages under section 284 or attorney
fees under section 285 with respect to infringing activities
taking place during any period of noncompliance; and
``(2) the court shall award a prevailing accused infringer
reasonable attorney fees and expenses incurred in discovering
any previously undisclosed ultimate parent entities in the
chain of title.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any patent issued on or after the date of
enactment of this Act.
(3) Conforming amendment.--The table of sections for
chapter 26 of title 35, United States Code, is amended by
adding at the end the following new item:
``263. Disclosure of information relating to patent
ownership.''.
SEC. 4. CUSTOMER STAY.
(a) In General.--Chapter 29 of title 35, United States Code, is
amended by adding at the end the following new section:
``Sec. 299A. Customer stay
``(a) Definitions.--In this section--
``(1) the term `covered customer' means a party accused of
infringing a patent or patents in dispute based on a covered
product or process;
``(2) the term `covered manufacturer' means a person who
manufactures or supplies, or causes the manufacture or supply
of, a covered product or process, or a relevant part thereof;
and
``(3) the term `covered product or process' means a
component, product, process, system, service, method, or a
relevant part thereof, that--
``(A) is alleged to infringe the patent or patents
in dispute; or
``(B) implements a process alleged to infringe the
patent or patents in dispute.
``(b) Motion for Stay.--In a civil action in which a party asserts
a claim for relief arising under any Act of Congress relating to
patents (other than an action that includes a cause of action described
in section 271(e) of this title), the court shall grant a motion to
stay at least the portion of the action against a covered customer that
relates to infringement of a patent involving a covered product or
process if--
``(1) the covered manufacturer and the covered customer
consent in writing to the stay;
``(2) the covered manufacturer is a party to the action or
a separate action involving the same patent or patents relating
to the same covered product or process;
``(3) the covered customer agrees to be bound under the
principles of collateral estoppel by any issues finally decided
as to the covered manufacturer in an action described in
paragraph (2) that the covered customer has in common with the
covered manufacturer; and
``(4) the motion is filed after the first pleading in the
action but not later than the later of--
``(A) 120 days after service of the first pleading
in the action that specifically identifies the covered
product or process as a basis for the alleged
infringement of the patent by the covered customer, and
specifically identifies how the covered product or
process is alleged to infringe the patent; or
``(B) the date on which the first scheduling order
in the case is entered.
``(c) Applicability.--A stay issued under subsection (b) shall
apply only to those asserted patents and products, systems, methods, or
components accused of infringement in the action.
``(d) Lift of Stay.--
``(1) In general.--A stay entered under this section may be
lifted upon grant of a motion based on a showing that--
``(A) the action involving the covered manufacturer
will not resolve a major issue in suit against the
covered customer; or
``(B) the stay unreasonably prejudices and would be
manifestly unjust to the party seeking to lift the
stay.
``(2) Separate actions.--In the case of a stay entered
under this section based on the participation of the covered
manufacturer in a separate action described in subsection
(b)(2), a motion under paragraph (1) may only be granted if the
court in such separate action determines that the showing
required under paragraph (1) has been made.
``(e) Waiver of Estoppel Effect.--If, following the grant of a
motion to stay under this section, the covered manufacturer in an
action described in subsection (b)(2)--
``(1) seeks or consents to entry of a consent judgment
involving one or more of the common issues that gave rise to
the stay; or
``(2) fails to prosecute, to a final, non-appealable
judgment, a final decision as to one or more of the common
issues that gave rise to the stay,
the court may, upon motion, determine that such consent judgment or
unappealed final decision shall not be binding on the covered customer
with respect to one or more of such common issues based on a showing
that such an outcome would unreasonably prejudice and be manifestly
unjust to the covered customer in light of the circumstances of the
case.
``(f) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of a court to grant any stay, expand any
stay granted pursuant to this section, or grant any motion to
intervene, if otherwise permitted by law.''.
(b) Conforming Amendment.--The table of sections for chapter 29 of
title 35, United States Code, is amended by adding at the end the
following new item:
``299A. Customer stay.''.
SEC. 5. BAD-FAITH DEMAND LETTERS.
(a) In General.--Chapter 29 of title 35, United States Code, as
amended by section 4 of this Act, is amended by adding at the end the
following:
``SEC. 299B. BAD-FAITH DEMAND LETTERS.
``(a) Definition.--In this section, the term `affiliated person'
means a person affiliated with the intended recipient of a written
communication.
``(b) Unfair or Deceptive Acts or Practices.--It shall be an unfair
or deceptive act or practice within the meaning of section 5(a)(1) of
the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for a person, in
connection with the assertion of a United States patent, to engage in
the widespread sending of written communications that state that the
intended recipients or any affiliated persons are infringing or have
infringed the patent and bear liability or owe compensation to another,
if--
``(1) the communications falsely threaten that
administrative or judicial relief will be sought if
compensation is not paid or the infringement issue is not
otherwise resolved;
``(2) the assertions contained in the communications lack a
reasonable basis in fact or law, including, for example,
because--
``(A) the person asserting the patent is not a
person, or does not represent a person, with the
current right to license the patent to, or to enforce
the patent against, the intended recipients or any
affiliated persons; or
``(B) the communications seek compensation on
account of activities undertaken after the patent has
expired; or
``(3) the content of the written communications is likely
to materially mislead a reasonable recipient, including, for
example, because the content fails to include such facts
reasonably necessary to inform the recipient of--
``(A) the identity of the person asserting a right
to license the patent to, or enforce the patent
against, the intended recipient or any affiliated
person;
``(B) the patent issued by the United States Patent
and Trademark Office alleged to have been infringed;
and
``(C) the reasons for the assertion that the patent
may be or may have been infringed.
``(c) Enforcement by Federal Trade Commission.--
``(1) Violation of rule.--The engaging of a person in an
act or practice described in subsection (b) shall be treated as
a violation of a rule defining an unfair or deceptive act or
practice described under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
``(2) Powers of commission.--The Federal Trade Commission
shall enforce this section in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this section.
``(3) Privileges and immunities.--Any person who engages in
an act or practice described in subsection (b) shall be subject
to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 29 of title 35, United States Code, as amended by section 4 of
this Act, is amended by adding at the end the following:
``Sec. 299B. Bad-faith demand letters.''.
(c) Rule of Construction.--Nothing in any amendment made by this
section shall be construed to limit the authority of the Federal Trade
Commission under any other provision of law or to provide the Federal
Trade Commission with any additional authority.
SEC. 6. SMALL BUSINESS EDUCATION, OUTREACH, AND INFORMATION ACCESS.
(a) Small Business Education and Outreach.--
(1) Resources for small business.--Using existing
resources, the Director shall develop educational resources for
small businesses to address concerns arising from patent
infringement.
(2) Small business patent ombudsman.--The Patent Ombudsman
Program established under section 28 of the Leahy-Smith America
Invents Act (35 U.S.C. 2 note) shall coordinate with the
existing small business outreach programs of the Office to
provide education and awareness on abusive patent litigation
practices.
(b) Improving Information Transparency for Small Business and the
United States Patent and Trademark Office Users.--
(1) Web site.--Using existing resources, the Director shall
create a user-friendly section on the official Web site of the
Office to notify the public when a patent case is brought in
Federal court and with respect to each patent at issue in such
case, the Director shall include--
(A) information disclosed pursuant to section 290
of title 35, United States Code, as amended by section
3(b) of this Act; and
(B) any information the Director determines to be
relevant.
(2) Format.--In order to promote accessibility for the
public, the information described in paragraph (1) shall be
searchable by patent number, patent art area, and entity.
SEC. 7. IMPROVED POST-ISSUANCE PROCEDURES.
(a) Post-Grant Review Amendment.--Section 325(e)(2) of title 35,
United States Code, is amended by striking ``or reasonably could have
raised''.
(b) Use of District-Court Claim Construction in Post-Grant and
Inter Partes Reviews.--
(1) Inter partes review.--Section 316(a) of title 35,
United States Code, is amended--
(A) in paragraph (12), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (13), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(14) providing that for all purposes under this chapter--
``(A) each claim of a patent shall be construed as
such claim would be in a civil action to invalidate a
patent under section 282(b), including construing each
claim of the patent in accordance with the ordinary and
customary meaning of such claim as understood by one of
ordinary skill in the art and the prosecution history
pertaining to the patent; and
``(B) if a court has previously construed the claim
or a claim term in a civil action in which the patent
owner was a party, the Office shall consider such claim
construction.''.
(2) Post-grant review.--Section 326(a) of title 35, United
States Code, is amended--
(A) in paragraph (11), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (12), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(13) providing that for all purposes under this chapter--
``(A) each claim of a patent shall be construed as
such claim would be in a civil action to invalidate a
patent under section 282(b), including construing each
claim of the patent in accordance with the ordinary and
customary meaning of such claim as understood by one of
ordinary skill in the art and the prosecution history
pertaining to the patent; and
``(B) if a court has previously construed the claim
or a claim term in a civil action in which the patent
owner was a party, the Office shall consider such claim
construction.''.
(3) Technical and conforming amendment.--Section
18(a)(1)(A) of the Leahy-Smith America Invents Act (Public Law
112-29; 126 Stat. 329) is amended by striking ``Section
321(c)'' and inserting ``Sections 321(c) and 326(a)(13)''.
(4) Effective date.--The amendments made by this subsection
shall take effect upon the expiration of the 90-day period
beginning on the date of the enactment of this Act, and shall
apply to any proceeding under chapter 31 or 32 of title 35,
United States Code, for which the petition for review is filed
on or after such effective date.
SEC. 8. PROTECTION OF INTELLECTUAL-PROPERTY LICENSES IN BANKRUPTCY.
(a) In General.--Section 1520(a) of title 11, United States Code,
is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by inserting at the end the following new paragraph:
``(5) section 365(n) applies to intellectual property of
which the debtor is a licensor or which the debtor has
transferred.''.
(b) Trademarks.--
(1) In general.--Section 101(35A) of title 11, United
States Code, is amended--
(A) in subparagraph (E), by striking ``or'';
(B) in subparagraph (F), by striking ``title 17;''
and inserting ``title 17; or''; and
(C) by adding after subparagraph (F) the following
new subparagraph: ``(G) trademark, service mark, or
trade name, as defined in section 1127 of title 15;''.
(2) Conforming amendment.--Section 365(n)(2) of title 11,
United States Code, is amended--
(A) in subparagraph (B)--
(i) by striking ``royalty payments'' and
inserting ``royalty or other payments''; and
(ii) by striking ``and'' where it appears
after the semicolon;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) in the case of a trademark, service mark, or
trade name, the trustee shall not be relieved of a
contractual obligation to monitor and control the
quality of a licensed product or service.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to any
case that is pending on, or for which a petition or complaint is filed
on or after, such date of enactment.
SEC. 9. CODIFICATION OF THE DOUBLE-PATENTING DOCTRINE FOR FIRST-
INVENTOR-TO-FILE PATENTS.
(a) Amendment.--Chapter 10 of title 35, United States Code, is
amended by adding at the end the following new section:
``Sec. 106. Prior art in cases of double patenting
``A claimed invention of a patent issued under section 151
(referred to in this section as the `first patent') that is not prior
art to a claimed invention of another patent (referred to in this
section as the `second patent') shall be considered prior art to the
claimed invention of the second patent for the purpose of determining
the nonobviousness of the claimed invention of the second patent under
section 103 if--
``(1) the claimed invention of the first patent was
effectively filed under section 102(d) on or before the
effective filing date of the claimed invention of the second
patent;
``(2) either--
``(A) the first patent and the second patent name
the same inventor; or
``(B) the claimed invention of the first patent
would constitute prior art to the claimed invention of
the second patent under section 102(a)(2) if an
exception under section 102(b)(2) were deemed to be
inapplicable and the claimed invention of the first
patent was, or were deemed to be, effectively filed
under section 102(d) before the effective filing date
of the claimed invention of the second patent; and
``(3) the patentee of the second patent has not disclaimed
the rights to enforce the second patent independently from, and
beyond the statutory term of, the first patent.''.
(b) Regulations.--The Director shall promulgate regulations setting
forth the form and content of any disclaimer required for a patent to
be issued in compliance with section 106 of title 35, United States
Code, as added by subsection (a). Such regulations shall apply to any
disclaimer filed after a patent has issued. A disclaimer, when filed,
shall be considered for the purpose of determining the validity of the
patent under section 106 of title 35, United States Code.
(c) Conforming Amendment.--The table of sections for chapter 10 of
title 35, United States Code, is amended by adding at the end the
following new item:
``106. Prior art in cases of double patenting.''.
(d) Exclusive Rule.--A patent subject to section 106 of title 35,
United States Code, as added by subsection (a), shall not be held
invalid on any nonstatutory, double-patenting ground.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to a
patent or patent application only if both the first and second patents
described in section 106 of title 35, United States Code, as added by
subsection (a), are patents or patent applications that are described
in section 3(n)(1) of the Leahy-Smith America Invents Act (35 U.S.C.
100 note).
SEC. 10. TECHNICAL CORRECTIONS TO THE LEAHY-SMITH AMERICA INVENTS ACT.
(a) Technical Corrections.--
(1) Inventor's oath or declaration.--
(A) Amendment.--Section 115(g)(1) of title 35,
United States Code, is amended--
(i) in the matter preceding subparagraph
(A), by striking ``claims the benefit'' and
inserting ``is entitled, as to each invention
claimed in the application, to the benefit'';
and
(ii) in subparagraph (A), by striking
``meeting the requirements of subsection (a)
was executed by the individual and was filed in
connection with the earlier-filed application''
and inserting the following: ``executed by or
on behalf of the individual was filed in
connection with the earlier-filed application
and meets the requirements of this section as
effective on the date such oath or declaration
was filed''.
(B) Effective date.--The amendment made by
subparagraph (A) shall be effective as if included in
the amendment made by section 4(a)(1) of the Leahy-
Smith America Invents Act (Public Law 112-29; 125 Stat.
293).
(2) Novelty.--
(A) Amendment.--Section 102(b)(1)(A) of title 35,
United States Code, is amended by striking ``the
inventor or joint inventor or by another'' and
inserting ``the inventor or a joint inventor or
another''.
(B) Effective date.--The amendment made by
subparagraph (A) shall be effective as if included in
the amendment made by section 3(b)(1) of the Leahy-
Smith America Invents Act (Public Law 112-29; 125 Stat.
285).
(3) Assignee filers.--
(A) Benefit of earlier filing date; right of
priority.--Section 119(e)(1) of title 35, United States
Code, is amended, in the first sentence, by striking
``by an inventor or inventors named'' and inserting
``that names the inventor or a joint inventor''.
(B) Benefit of earlier filing date in the united
states.--Section 120 of title 35, United States Code,
is amended, in the first sentence, by striking ``names
an inventor or joint inventor'' and inserting ``names
the inventor or a joint inventor''.
(C) Effective date.--The amendments made by this
paragraph shall take effect on the date of the
enactment of this Act and shall apply to any patent
application, and any patent issuing from such
application, that is filed on or after September 16,
2012.
(4) Derived patents.--
(A) Amendment.--Section 291(b) of title 35, United
States Code, is amended by striking ``or joint
inventor'' and inserting ``or a joint inventor''.
(B) Effective date.--The amendment made by
subparagraph (A) shall be effective as if included in
the amendment made by section 3(h)(1) of the Leahy-
Smith America Invents Act (Public Law 112-29; 125 Stat.
288).
(5) Specification.--Notwithstanding section 4(e) of the
Leahy-Smith America Invents Act (Public Law 112-29; 125 Stat.
297), the amendments made by subsections (c) and (d) of section
4 of such Act shall apply to any proceeding or matter, that is
pending on, or filed on or after, the date of the enactment of
this Act.
(6) Patent owner response.--
(A) Conduct of inter partes review.--Section
316(a)(8) of title 35, United States Code, is amended
by striking ``the petition under section 313'' and
inserting ``the petition under section 311''.
(B) Conduct of post-grant review.--Section
326(a)(8) of title 35, United States Code, is amended
by striking ``the petition under section 323'' and
inserting ``the petition under section 321''.
(C) Effective date.--The amendments made by this
paragraph shall take effect on the date of the
enactment of this Act.
(7) Time limit for commencing misconduct proceedings.--
(A) Amendment.--The fourth sentence of section 32
of title 35, United States Code, is amended by striking
``1 year'' and inserting ``2 years''.
(B) Effective date.--The amendment made by this
paragraph shall apply to any action in which the Office
files a complaint on or after the date of enactment of
this Act.
SEC. 11. REPORTS.
(a) Study on Secondary Market Oversight for Patent Transactions To
Promote Transparency and Ethical Business Practices.--
(1) Study required.--The Director, in consultation with the
Secretary of Commerce, the Secretary of the Treasury, the
Chairman of the Securities and Exchange Commission, the heads
of other relevant agencies, and interested parties, shall,
using existing resources of the Office, conduct a study--
(A) to develop legislative recommendations to
ensure greater transparency and accountability in
patent transactions occurring on the secondary market;
(B) to examine the economic impact that the patent
secondary market has on the United States;
(C) to examine licensing and other oversight
requirements that may be placed on the patent secondary
market, including on the participants in such markets,
to ensure that the market is a level playing field and
that brokers in the market have the requisite expertise
and adhere to ethical business practices; and
(D) to examine the requirements placed on other
markets.
(2) Submission of study.--Not later than 1 year after the
date of the enactment of this Act, the Director shall submit a
report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate on the findings and recommendations of the Director from
the study required under paragraph (1).
(b) Study on Patents Owned by the United States Government.--
(1) Study required.--The Director, in consultation with the
heads of relevant agencies and interested parties, shall, using
existing resources of the Office, conduct a study on patents
owned by the United States Government that--
(A) examines how such patents are licensed and
sold, with reference to any litigation relating to the
licensing or sale of such patents;
(B) provides legislative and administrative
recommendations on whether there should be restrictions
placed on patents acquired from the United States
Government;
(C) examines whether or not each relevant agency
maintains adequate records on the patents owned by such
agency, specifically whether such agency addresses
licensing, assignment, and Government grants for
technology related to such patents; and
(D) provides recommendations to ensure that each
relevant agency has an adequate point of contact that
is responsible for managing the patent portfolio of the
agency.
(2) Report on study.--Not later than 6 months after the
date of the enactment of this Act, the Director shall submit to
the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate a report on
the findings and recommendations of the Director from the study
required under paragraph (1).
(c) Study on Patent Quality and Access to the Best Information
During Examination.--
(1) GAO study.--The Comptroller General of the United
States shall conduct a study on patent examination at the
Office and the technologies available to improve examination
and improve patent quality.
(2) Contents of the study.--The study required under
paragraph (1) shall include the following:
(A) An examination of patent quality at the Office.
(B) An examination of ways to improve quality,
specifically through technology, that shall include
examining best practices at foreign patent offices and
the use of existing off-the-shelf technologies to
improve patent examination.
(C) A description of how patents are classified.
(D) An examination of procedures in place to
prevent double patenting through filing by applicants
in multiple art areas.
(E) An examination of the types of off-the-shelf
prior art databases and search software used by foreign
patent offices and governments, particularly in Europe
and Asia, and whether those databases and search tools
could be used by the Office to improve patent
examination.
(F) An examination of any other areas the
Comptroller General determines to be relevant.
(3) Report to congress.--Not later than 6 months after the
date of the enactment of this Act, the Comptroller General
shall submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate a report on the findings and recommendations from the
study required by this subsection, including recommendations
for any changes to laws and regulations that will improve the
examination of patent applications and patent quality.
(d) Study on Patent Small Claims Court.--
(1) Study required.--
(A) In general.--The Director of the Administrative
Office of the United States Courts, in consultation
with the Director of the Federal Judicial Center,
shall, using existing resources, conduct a study to
examine the idea of developing a pilot program for
patent small claims courts in certain judicial
districts within the existing patent pilot program
mandated by Public Law 111-349 (28 U.S.C. 137 note).
(B) Contents of study.--The study conducted under
subparagraph (A) shall examine--
(i) the number and qualifications for
judges that could serve on the courts described
in subparagraph (A);
(ii) how the courts described in
subparagraph (A) would be designated and the
necessary criteria;
(iii) the costs that would be incurred for
establishing, maintaining and operating the
pilot program described in subparagraph (A);
and
(iv) the steps that would be taken to
ensure that the pilot small claims courts are
not misused for abusive patent litigation.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Administrative
Office of the United States Courts shall submit a report to the
Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate on the findings
and recommendations from the study required under paragraph
(1).
SEC. 12. EFFECTIVE DATE.
Except as otherwise provided in this Act, the provisions of this
Act shall take effect on the date of the enactment of this Act, and
shall apply to any patent issued, or any action filed, on or after that
date.
<all>