[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Senate]
[Pages S12390-S12391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     COMPENSATING OWNERS OF PATENTS

  Mr. LOTT. Mr. President, I ask unanimous consent that the Judiciary 
Committee be discharged from further consideration of H.R. 632, 
regarding patent legal fees, and the Senate proceed to its 
consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 632) to enhance fairness in compensating 
     owners of patents used by the United States.


[[Page S12391]]


  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 5431

  (Purpose: To provide for a limitation on reasonable costs and fees 
          under special circumstances, and for other purposes)

  Mr. LOTT. Mr. President, Senator Hatch has a technical amendment at 
the desk, and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Mississippi [Mr. Lott], for Mr. Hatch, 
     proposes an amendment numbered 5431.

  The amendment is as follows:

       On page 2, line 8, strike all after the period through 
     ``Acts.'' on line 13 and insert ``Notwithstanding the 
     preceding sentences, unless the action has been pending for 
     more than 10 years from the time of filing to the time that 
     the owner applies for such costs and fees, reasonable and 
     entire compensation shall not include such costs and fees if 
     the court finds that the position of the United States was 
     substantially justified or that special circumstances make an 
     award unjust.''.
       On page 2, line 17, strike ``January 1, 1996'' and insert 
     ``the date of the enactment of this Act''.

  Mr. LOTT. Mr. President, I ask unanimous consent that the amendment 
be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5431) was agreed to.
  Mr. LOTT. Mr. President, I ask unanimous consent that the bill be 
deemed read a third time and passed, as amended, the motion to 
reconsider be laid upon the table, and any statements relating to the 
measure be placed at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 632), as amended, was deemed read the third time and 
passed.

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