[Congressional Record Volume 147, Number 34 (Wednesday, March 14, 2001)]
[House]
[Pages H898-H901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTELLECTUAL PROPERTY AND HIGH TECHNOLOGY TECHNICAL AMENDMENTS ACT OF
2001
Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the Senate bill (S. 320) to make technical corrections in patent,
copyright, and trademark laws, as amended.
The Clerk read as follows:
S. 320
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 ``Intellectual Property and
High Technology Technical Amendments Act of 2001''.
SEC. 2. OFFICERS AND EMPLOYEES.
(a) Renaming of Officers.--(1)(A) Except as provided in
subparagraph (B), title 35, United States Code, other than
section 210(d), is amended--
(i) by striking ``Director'' each place it appears and
inserting ``Commissioner''; and
(ii) by striking ``Director's'' each place it appears and
inserting ``Commissioner's''.
(B) Section 3(b)(5) of title 35, United States Code, is
amended by striking ``Director'' the first place it appears
and inserting ``Commissioner''.
(C) Section 3(a) of title 35, United States Code, is
amended in the subsection heading, by striking ``Director''
and inserting ``Commissioner''.
(D) Section 3(b)(1) of title 35, United States Code, is
amended in the paragraph heading, by striking ``director''
and inserting ``commissioner''.
(2) The Act of July 5, 1946 (commonly referred to as the
``Trademark Act of 1946''; 15 U.S.C. 1051 et seq.) is amended
by striking ``Director'' each place it appears and inserting
``Commissioner''.
(3)(A) Title 35, United States Code, other than subsection
(f) of section 3, is amended by striking ``Commissioner for
Patents'' each place it appears and inserting ``Assistant
Commissioner for Patents''.
(B) Title 35, United States Code, other than subsection (f)
of section 3, is amended by striking ``Commissioner for
Trademarks'' each place it appears and inserting ``Assistant
Commissioner for Trademarks''.
(C) Section 3(b)(2) of title 35, United States Code, is
amended--
(i) in the paragraph heading, by striking ``Commissioners''
and inserting ``Assistant commissioners'';
(ii) in subparagraph (A), in the last sentence--
(I) by striking ``a Commissioner'' and inserting ``an
Assistant Commissioner''; and
(II) by striking ``the Commissioner'' and inserting ``the
Assistant Commissioner'';
(iii) in subparagraph (B)--
(I) by striking ``Commissioners'' each place it appears and
inserting ``Assistant Commissioners'';
(II) by striking ``Commissioners' '' each place it appears
and inserting ``Assistant Commissioners' ''; and
(iv) in subparagraph (C), by striking ``Commissioners'' and
inserting ``Assistant Commissioners''.
(D) Section 3(f) of title 35, United States Code, is
amended in subparagraphs (A) and (B) of paragraph (2)--
(i) by striking ``the Commissioner'' each place it appears
and inserting ``the Assistant Commissioner''; and
(ii) by striking ``a Commissioner'' each place it appears
and inserting ``an Assistant Commissioner''.
(E) Section 13 of title 35, United States Code, is
amended--
(i) by striking ``Commissioner of'' each place it appears
and inserting ``Assistant Commissioner for''; and
(ii) by striking ``Commissioners'' and inserting
``Assistant Commissioners''.
(F) Chapter 17 of title 35, United States Code, is amended
by striking ``Commissioner of Patents'' each place it appears
and inserting ``Assistant Commissioner for Patents''.
(G) Section 297 of title 35, United States Code, is amended
by striking ``Commissioner of Patents'' each place it appears
and inserting ``Commissioner''.
(4) Section 5314 of title 5, United States Code, is amended
by striking
``Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office.''
and inserting
``Under Secretary of Commerce for Intellectual Property and
Commissioner of the United States Patent and Trademark
Office.''.
(5) Section 5315 of title 5, United States Code, is amended
by striking
``Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Director of the United States Patent and
Trademark Office.''
and inserting
``Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Commissioner of the United States Patent
and Trademark Office.''.
(6)(A) Sections 303 and 304 of title 35, United States
Code, are each amended in the section headings by striking
``Director'' and inserting ``Commissioner''.
(B) The items relating to sections 303 and 304 in the table
of sections for chapter 30 of title 35, United States Code,
are each amended by striking ``Director'' and inserting
``Commissioner''.
(7)(A) Sections 312 and 313 of title 35, United States
Code, are each amended in the section headings by striking
``Director'' and inserting ``Commissioner''.
(B) The items relating to sections 312 and 313 in the table
of sections for chapter 31 of title 35, United States Code,
are each amended by striking ``Director'' and inserting
``Commissioner''.
(8) Section 17(b) of the Trademark Act of 1946 (15 U.S.C.
1067) is amended by striking ``Commissioner for Patents, the
Commissioner for Trademarks'' and inserting ``Assistant
Commissioner for Patents, the Assistant Commissioner for
Trademarks''.
(b) Additional Clerical Amendments.--
(1) The following provisions of law are amended by striking
``Director'' each place it appears and inserting
``Commissioner''.
(A) Section 9(p)(1)(B) of the Small Business Act (15 U.S.C.
638(p)(1)(B).
(B) Section 19 of the Tennessee Valley Authority Act of
1933 (16 U.S.C. 831r).
(C) Section 182(b)(2)(A) of the Trade Act of 1974 (19
U.S.C. 2242(b)(2)(A)).
(D) Section 302(b)(2)(D) of the Trade Act of 1974 (19
U.S.C. 2412(b)(2)(D)).
(E) Section 702(d) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 372(d)).
(F) Section 1295(a)(4)(B) of title 28, United States Code.
(G) Section 1744 of title 28, United States Code.
(H) Section 151 of the Atomic Energy Act of 1954 (42 U.S.C.
2181).
(I) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C.
2182).
[[Page H899]]
(J) Section 305 of the National Aeronautics and Space Act
of 1958 (42 U.S.C. 2457).
(K) Section 12(a) of the Solar Heating and Cooling
Demonstration Act of 1974 (42 U.S.C. 5510(a)), the last place
such term appears.
(L) Section 10(i) of the Trading with the enemy Act (50
U.S.C. App. 10(i)).
(M) Sections 4203, 4506, 4606, and 4804(d)(2) of the
Intellectual Property and Communications Omnibus Reform Act
of 1999, as enacted by section 1000(a)(9) of Public Law 106-
113.
(2) The item relating to section 1744 in the table of
sections for chapter 115 of title 28, United States Code, is
amended by striking ``generally'' and inserting ``,
generally''.
(c) References.--Any reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to the Patent and
Trademark Office--
(1) to the Director of the United States Patent and
Trademark Office or to the Commissioner of Patents and
Trademarks is deemed to refer to the Under Secretary of
Commerce for Intellectual Property and Commissioner of the
United States Patent and Trademark Office;
(2) to the Commissioner for Patents is deemed to refer to
the Assistant Commissioner for Patents; and
(3) to the Commissioner for Trademarks is deemed to refer
to the Assistant Commissioner for Trademarks.
SEC. 3. CLARIFICATION OF REEXAMINATION PROCEDURE ACT OF 1999;
TECHNICAL AMENDMENTS.
(a) Optional Inter Partes Reexamination Procedures.--Title
35, United States Code, is amended as follows:
(1) Section 311 is amended--
(A) in subsection (a), by striking ``person'' and inserting
``third-party requester''; and
(B) in subsection (c), by striking ``Unless the requesting
person is the owner of the patent, the'' and inserting
``The''.
(2) Section 312 is amended--
(A) in subsection (a), by striking the last sentence; and
(B) in subsection (b), by striking ``, if any''.
(3) Section 314(b)(1) is amended--
(A) by striking ``(1) This'' and all that follows through
``(2)'' and inserting ``(1)'';
(B) by striking ``the third-party requester shall receive a
copy'' and inserting ``the Office shall send to the third-
party requester a copy''; and
(C) by redesignating paragraph (3) as paragraph (2).
(4) Section 315(c) is amended by striking ``United States
Code,''.
(5) Section 317 is amended--
(A) in subsection (a), by striking ``patent owner nor the
third-party requester, if any, nor privies of either'' and
inserting ``third-party requester nor its privies''; and
(B) in subsection (b), by striking ``United States Code,''.
(b) Conforming Amendments.--
(1) Appeal to the board of patent appeals and
interferences.--Subsections (a), (b), and (c) of section 134
of title 35, United States Code, are each amended by striking
``administrative patent judge'' each place it appears and
inserting ``primary examiner''.
(2) Proceeding on appeal.--Section 143 of title 35, United
States Code, is amended by amending the third sentence to
read as follows: ``In an ex parte case or any reexamination
case, the Commissioner shall submit to the court in writing
the grounds for the decision of the Patent and Trademark
Office, addressing all the issues involved in the appeal. The
court shall, before hearing an appeal, give notice of the
time and place of the hearing to the Commissioner and the
parties in the appeal.''.
(c) Clerical Amendments.--
(1) Section 4604(a) of the Intellectual Property and
Communications Omnibus Reform Act of 1999, as enacted by
section 1000(a)(9) of Public Law 106-113, is amended by
striking ``Part 3'' and inserting ``Part III''.
(2) Section 4604(b) of that Act is amended by striking
``title 25'' and inserting ``title 35''.
(d) Effective Date.--The amendments made by sections
4605(c) and 4605(e) of the Intellectual Property and
Communications Omnibus Reform Act, as enacted by section
1000(a)(9) of Public Law 106-113, shall apply to any
reexamination filed in the United States Patent and Trademark
Office on or after the date of the enactment of Public Law
106-113.
SEC. 4. PATENT AND TRADEMARK EFFICIENCY ACT AMENDMENTS.
(a) Deputy Commissioner.--
(1) Section 17(b) of the Act of July 5, 1946 (commonly
referred to as the ``Trademark Act of 1946'') (15 U.S.C.
1067(b)), is amended by inserting ``the Deputy
Commissioner,'' after ``Commissioner,''.
(2) Section 6(a) of title 35, United States Code, is
amended by inserting ``the Deputy Commissioner,'' after
``Commissioner,''.
(b) Public Advisory Committees.--Section 5 of title 35,
United States Code, is amended--
(1) in subsection (i), by inserting ``, privileged,'' after
``personnel''; and
(2) by adding at the end the following new subsection:
``(j) Inapplicability of Patent Prohibition.--Section 4
shall not apply to voting members of the Advisory
Committees.''.
(c) Miscellaneous.--Section 153 of title 35, United States
Code, is amended by striking ``and attested by an officer of
the Patent and Trademark Office designated by the
Commissioner,''.
SEC. 5. DOMESTIC PUBLICATION OF FOREIGN FILED PATENT
APPLICATIONS ACT OF 1999 AMENDMENTS.
Section 154(d)(4)(A) of title 35, United States Code, as in
effect on November 29, 2000, is amended--
(1) by striking ``on which the Patent and Trademark Office
receives a copy of the'' and inserting ``of''; and
(2) by striking ``international application'' the last
place it appears and inserting ``publication''.
SEC. 6. DOMESTIC PUBLICATION OF PATENT APPLICATIONS PUBLISHED
ABROAD.
Subtitle E of title IV of the Intellectual Property and
Communications Omnibus Reform Act of 1999, as enacted by
section 1000(a)(9) of Public Law 106-113, is amended as
follows:
(1) Section 4505 is amended to read as follows:
``SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.
``Section 102(e) of title 35, United States Code, is
amended to read as follows:
`` `(e) the invention was described in (1) an application
for patent, published under section 122(b), by another filed
in the United States before the invention by the applicant
for patent or (2) a patent granted on an application for
patent by another filed in the United States before the
invention by the applicant for patent, except that an
international application filed under the treaty defined in
section 351(a) shall have the effects for the purposes of
this subsection of an application filed in the United States
only if the international application designated the United
States and was published under Article 21(2) of such treaty
in the English language; or'. ''.
(2) Section 4507 is amended--
(A) in paragraph (1), by striking ``Section 11'' and
inserting ``Section 10'';
(B) in paragraph (2), by striking ``Section 12'' and
inserting ``Section 11''.
(C) in paragraph (3), by striking ``Section 13'' and
inserting ``Section 12'';
(D) in paragraph (4), by striking ``12 and 13'' and
inserting ``11 and 12'';
(E) in section 374 of title 35, United States Code, as
amended by paragraph (10), by striking ``confer the same
rights and shall have the same effect under this title as an
application for patent published'' and inserting ``be deemed
a publication''; and
(F) by adding at the end the following:
``(12) The item relating to section 374 in the table of
contents for chapter 37 of title 35, United States Code, is
amended to read as follows:
`` `374. Publication of international application.' ''.
(3) Section 4508 is amended to read as follows:
``SEC. 4508. EFFECTIVE DATE.
``Except as otherwise provided in this section, sections
4502 through 4507, and the amendments made by such sections,
shall be effective as of November 29, 2000, and shall apply
only to applications (including international applications
designating the United States) filed on or after that date.
The amendments made by sections 4504 and 4505 shall
additionally apply to any pending application filed before
November 29, 2000, if such pending application is published
pursuant to a request of the applicant under such procedures
as may be established by the Commissioner. If an application
is filed on or after November 29, 2000, or is published
pursuant to a request from the applicant, and the application
claims the benefit of one or more prior-filed applications
under section 119(e), 120, or 365(c) of title 35, United
States Code, then the amendment made by section 4505 shall
apply to the prior-filed application in determining the
filing date in the United States of the application.''.
SEC. 7. MISCELLANEOUS CLERICAL AMENDMENTS.
(a) Amendments to Title 35.--The following provisions of
title 35, United States Code, are amended:
(1) Section 2(b) is amended in paragraphs (2)(B) and
(4)(B), by striking ``, United States Code''.
(2) Section 3 is amended--
(A) in subsection (a)(2)(B), by striking ``United States
Code,'';
(B) in subsection (b)(2)--
(i) in the first sentence of subparagraph (A), by striking
``, United States Code'';
(ii) in the first sentence of subparagraph (B)--
(I) by striking ``United States Code,''; and
(II) by striking ``, United States Code'';
(iii) in the second sentence of subparagraph (B)--
(I) by striking ``United States Code,''; and
(II) by striking ``, United States Code.'' and inserting a
period;
(iv) in the last sentence of subparagraph (B), by striking
``, United States Code''; and
(v) in subparagraph (C), by striking ``, United States
Code''; and
(C) in subsection (c)--
(i) in the subsection caption, by striking ``, United
States Code''; and
(ii) by striking ``United States Code,''.
(3) Section 5 is amended in subsections (e) and (g), by
striking ``, United States Code'' each place it appears.
(4) The table of chapters for part I is amended in the item
relating to chapter 3, by striking ``before'' and inserting
``Before''.
(5) The item relating to section 21 in the table of
contents for chapter 2 is amended to read as follows:
``21. Filing date and day for taking action.''.
(6) The item relating to chapter 12 in the table of
chapters for part II is amended to read as follows:
``12. Examination of Application.................................131''.
(7) The item relating to section 116 in the table of
contents for chapter 11 is amended to read as follows:
``116. Inventors.''.
(8) Section 154(b)(4) is amended by striking ``, United
States Code,''.
(9) Section 156 is amended--
[[Page H900]]
(A) in subsection (b)(3)(B), by striking ``paragraphs'' and
inserting ``paragraph'';
(B) in subsection (d)(2)(B)(i), by striking ``below the
office'' and inserting ``below the Office''; and
(C) in subsection (g)(6)(B)(iii), by striking
``submittted'' and inserting ``submitted''.
(10) The item relating to section 183 in the table of
contents for chapter 17 is amended by striking ``of'' and
inserting ``to''.
(11) Section 185 is amended by striking the second period
at the end of the section.
(12) Section 201(a) is amended--
(A) by striking ``United States Code,''; and
(B) by striking ``5, United States Code.'' and inserting
``5.''.
(13) Section 202 is amended--
(A) in subsection (b)(4), by striking ``last paragraph of
section 203(2)'' and inserting ``section 203(b)''; and
(B) in subsection (c)--
(i) in paragraph (4), by striking ``rights;'' and inserting
``rights,''; and
(ii) in paragraph (5), by striking ``of the United States
Code''.
(14) Section 203 is amended--
(A) in paragraph (2)--
(i) by striking ``(2)'' and inserting ``(b)'';
(ii) by striking the quotation marks and comma before ``as
appropriate''; and
(iii) by striking ``paragraphs (a) and (c)'' and inserting
``paragraphs (1) and (3) of subsection (a)''; and
(B) in the first paragraph--
(i) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and
inserting ``(1)'', ``(2)'', ``(3)'', and ``(4)'',
respectively; and
(ii) by striking ``(1.'' and inserting ``(a)''.
(15) Section 209 is amended in subsections (d)(2) and (f),
by striking ``of the United States Code''.
(16) Section 210 is amended--
(A) in subsection (a)--
(i) in paragraph (11), by striking ``5901'' and inserting
``5908''; and
(ii) in paragraph (20) by striking ``178(j)'' and inserting
``178j''; and
(B) in subsection (c)--
(i) by striking ``paragraph 202(c)(4)'' and inserting
``section 202(c)(4)''; and
(ii) by striking ``title..'' and inserting ``title.''.
(17) The item relating to chapter 29 in the table of
chapters for part III is amended by inserting a comma after
``Patent''.
(18) The item relating to section 256 in the table of
contents for chapter 25 is amended to read as follows:
``256. Correction of named inventor.''.
(19) Section 294 is amended--
(A) in subsection (b), by striking ``United States Code,'';
and
(B) in subsection (c), in the second sentence by striking
``court to'' and inserting ``court of''.
(20) Section 371(b) is amended by adding at the end a
period.
(21) Section 371(d) is amended by adding at the end a
period.
(22) Paragraphs (1), (2), and (3) of section 376(a) are
each amended by striking the semicolon and inserting a
period.
(b) Other Amendments.--
(1) Section 4732(a) of the Intellectual Property and
Communications Omnibus Reform Act of 1999 is amended--
(A) in paragraph (9)(A)(ii), by inserting ``in subsection
(b),'' after ``(ii)''; and
(B) in paragraph (10)(A), by inserting after ``title 35,
United States Code,'' the following: ``other than sections 1
through 6 (as amended by chapter 1 of this subtitle),''.
(2) Section 4802(1) of that Act is amended by inserting
``to'' before ``citizens''.
(3) Section 4804 of that Act is amended--
(A) in subsection (b), by striking ``11(a)'' and inserting
``10(a)''; and
(B) in subsection (c), by striking ``13'' and inserting
``12''.
(4) Section 4402(b)(1) of that Act is amended by striking
``in the fourth paragraph''.
SEC. 8. TECHNICAL CORRECTIONS IN TRADEMARK LAW.
(a) Award of Damages.--Section 35(a) of the Act of July 5,
1946 (commonly referred to as the ``Trademark Act of 1946'')
(15 U.S.C. 1117(a)), is amended by striking ``a violation
under section 43(a), (c), or (d),'' and inserting ``a
violation under section 43(a) or (d),''.
(b) Additional Technical Amendments.--The Trademark Act of
1946 is further amended as follows:
(1) Section 1(d)(1) (15 U.S.C. 1051(d)(1)) is amended in
the first sentence by striking ``specifying the date of the
applicant's first use'' and all that follows through the end
of the sentence and inserting ``specifying the date of the
applicant's first use of the mark in commerce and those goods
or services specified in the notice of allowance on or in
connection with which the mark is used in commerce.''.
(2) Section 1(e) (15 U.S.C. 1051(e)) is amended to read as
follows:
``(e) If the applicant is not domiciled in the United
States the applicant may designate, by a document filed in
the United States Patent and Trademark Office, the name and
address of a person resident in the United States on whom may
be served notices or process in proceedings affecting the
mark. Such notices or process may be served upon the person
so designated by leaving with that person or mailing to that
person a copy thereof at the address specified in the last
designation so filed. If the person so designated cannot be
found at the address given in the last designation, or if the
registrant does not designate by a document filed in the
United States Patent and Trademark Office the name and
address of a person resident in the United States on whom may
be served notices or process in proceedings affecting the
mark, such notices or process may be served on the
Commissioner.''.
(3) Section 8(f) (15 U.S.C. 1058(f)) is amended to read as
follows:
``(f) If the registrant is not domiciled in the United
States, the registrant may designate, by a document filed in
the United States Patent and Trademark Office, the name and
address of a person resident in the United States on whom may
be served notices or process in proceedings affecting the
mark. Such notices or process may be served upon the person
so designated by leaving with that person or mailing to that
person a copy thereof at the address specified in the last
designation so filed. If the person so designated cannot be
found at the address given in the last designation, or if the
registrant does not designate by a document filed in the
United States Patent and Trademark Office the name and
address of a person resident in the United States on whom may
be served notices or process in proceedings affecting the
mark, such notices or process may be served on the
Commissioner.''.
(4) Section 9(c) (15 U.S.C. 1059(c)) is amended to read as
follows:
``(c) If the registrant is not domiciled in the United
States the registrant may designate, by a document filed in
the United States Patent and Trademark Office, the name and
address of a person resident in the United States on whom may
be served notices or process in proceedings affecting the
mark. Such notices or process may be served upon the person
so designated by leaving with that person or mailing to that
person a copy thereof at the address specified in the last
designation so filed. If the person so designated cannot be
found at the address given in the last designation, or if the
registrant does not designate by a document filed in the
United States Patent and Trademark Office the name and
address of a person resident in the United States on whom may
be served notices or process in proceedings affecting the
mark, such notices or process may be served on the
Commissioner.''.
(5) Subsections (a) and (b) of section 10 (15 U.S.C.
1060(a) and (b)) are amended to read as follows:
``(a)(1) A registered mark or a mark for which an
application to register has been filed shall be assignable
with the good will of the business in which the mark is used,
or with that part of the good will of the business
connected with the use of and symbolized by the mark.
Notwithstanding the preceding sentence, no application to
register a mark under section 1(b) shall be assignable
prior to the filing of an amendment under section 1(c) to
bring the application into conformity with section 1(a) or
the filing of the verified statement of use under section
1(d), except for an assignment to a successor to the
business of the applicant, or portion thereof, to which
the mark pertains, if that business is ongoing and
existing.
``(2) In any assignment authorized by this section, it
shall not be necessary to include the good will of the
business connected with the use of and symbolized by any
other mark used in the business or by the name or style under
which the business is conducted.
``(3) Assignments shall be by instruments in writing duly
executed. Acknowledgment shall be prima facie evidence of the
execution of an assignment, and when the prescribed
information reporting the assignment is recorded in the
United States Patent and Trademark Office, the record shall
be prima facie evidence of execution.
``(4) An assignment shall be void against any subsequent
purchaser for valuable consideration without notice, unless
the prescribed information reporting the assignment is
recorded in the United States Patent and Trademark Office
within 3 months after the date of the assignment or prior to
the subsequent purchase.
``(5) The United States Patent and Trademark Office shall
maintain a record of information on assignments, in such form
as may be prescribed by the Commissioner.
``(b) An assignee not domiciled in the United States may
designate by a document filed in the United States Patent and
Trademark Office the name and address of a person resident in
the United States on whom may be served notices or process in
proceedings affecting the mark. Such notices or process may
be served upon the person so designated by leaving with that
person or mailing to that person a copy thereof at the
address specified in the last designation so filed. If the
person so designated cannot be found at the address given in
the last designation, or if the assignee does not designate
by a document filed in the United States Patent and Trademark
Office the name and address of a person resident in the
United States on whom may be served notices or process in
proceedings affecting the mark, such notices or process may
be served upon the Commissioner.''.
(6) Section 23(c) (15 U.S.C. 1091(c)) is amended by
striking the second comma after ``numeral''.
(7) Section 33(b)(8) (15 U.S.C. 1115(b)(8)) is amended by
aligning the text with paragraph (7).
(8) Section 34(d)(1)(A) (15 U.S.C. 1116(d)(1)(A)) is
amended by striking ``section 110'' and all that follows
through ``(36 U.S.C. 380)'' and inserting ``section 220506 of
title 36, United States Code,''.
(9) Section 34(d)(1)(B)(ii) (15 U.S.C. 1116(d)(1)(B)(ii))
is amended by striking ``section 110'' and all that follows
through ``(36 U.S.C. 380)'' and inserting ``section 220506 of
title 36, United States Code''.
(10) Section 34(d)(11) is amended by striking ``6621 of the
Internal Revenue Code of 1954'' and inserting ``6621(a)(2) of
the Internal Revenue Code of 1986''.
(11) Section 35(b) (15 U.S.C. 1117(b)) is amended--
(A) by striking ``section 110'' and all that follows
through ``(36 U.S.C. 380)'' and inserting ``section 220506 of
title 36, United States Code,''; and
(B) by striking ``6621 of the Internal Revenue Code of
1954'' and inserting ``6621(a)(2) of the Internal Revenue
Code of 1986''.
[[Page H901]]
(12) Section 44(e) (15 U.S.C. 1126(e)) is amended by
striking ``a certification'' and inserting ``a true copy, a
photocopy, a certification,''.
SEC. 9. PATENT AND TRADEMARK FEE CLERICAL AMENDMENT.
The Patent and Trademark Fee Fairness Act of 1999 (113
Stat. 1537-546 et seq.), as enacted by section 1000(a)(9) of
Public Law 106-113, is amended in section 4203, by striking
``111(a)'' and inserting ``1113(a)''.
SEC. 10. COPYRIGHT RELATED CORRECTIONS TO 1999 OMNIBUS REFORM
ACT.
Title I of the Intellectual Property and Communications
Omnibus Reform Act of 1999, as enacted by section 1000(a)(9)
of Public Law 106-113, is amended as follows:
(1) Section 1007 is amended--
(A) in paragraph (2), by striking ``paragraph (2)'' and
inserting ``paragraph (2)(A)''; and
(B) in paragraph (3), by striking ``1005(e)'' and inserting
``1005(d)''.
(2) Section 1006(b) is amended by striking
``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''.
(3)(A) Section 1006(a) is amended--
(i) in paragraph (1), by adding ``and'' after the
semicolon;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as paragraph (2).
(B) Section 1011(b)(2)(A) is amended to read as follows:
``(A) in paragraph (1), by striking `primary transmission
made by a superstation and embodying a performance or display
of a work' and inserting `performance or display of a work
embodied in a primary transmission made by a superstation or
by the Public Broadcasting Service satellite feed';''.
SEC. 11. AMENDMENTS TO TITLE 17, UNITED STATES CODE.
Title 17, United States Code, is amended as follows:
(1) Section 119(a)(6) is amended by striking ``of
performance'' and inserting ``of a performance''.
(2)(A) The section heading for section 122 is amended by
striking ``rights; secondary'' and inserting ``rights:
Secondary''.
(B) The item relating to section 122 in the table of
contents for chapter 1 is amended to read as follows:
``122. Limitations on exclusive rights: Secondary transmissions by
satellite carriers within local markets.''.
(3)(A) The section heading for section 121 is amended by
striking ``reproduction'' and inserting ``Reproduction''.
(B) The item relating to section 121 in the table of
contents for chapter 1 is amended by striking
``reproduction'' and inserting ``Reproduction''.
(4)(A) Section 106 is amended by striking ``107 through
121'' and inserting ``107 through 122''.
(B) Section 501(a) is amended by striking ``106 through
121'' and inserting ``106 through 122''.
(C) Section 511(a) is amended by striking ``106 through
121'' and inserting ``106 through 122''.
(5) Section 101 is amended--
(A) by moving the definition of ``computer program'' so
that it appears after the definition of ``compilation''; and
(B) by moving the definition of ``registration'' so that it
appears after the definition of ``publicly''.
(6) Section 110(4)(B) is amended in the matter preceding
clause (i) by striking ``conditions;'' and inserting
``conditions:''.
(7) Section 118(b)(1) is amended in the second sentence by
striking ``to it''.
(8) Section 119(b)(1)(A) is amended--
(A) by striking ``transmitted'' and inserting
``retransmitted''; and
(B) by striking ``transmissions'' and inserting
``retransmissions''.
(9) Section 203(a)(2) is amended--
(A) in subparagraph (A)--
(i) by striking ``(A) the'' and inserting ``(A) The''; and
(ii) by striking the semicolon at the end and inserting a
period;
(B) in subparagraph (B)--
(i) by striking ``(B) the'' and inserting ``(B) The''; and
(ii) by striking the semicolon at the end and inserting a
period; and
(C) in subparagraph (C), by striking ``(C) the'' and
inserting ``(C) The''.
(10) Section 304(c)(2) is amended--
(A) in subparagraph (A)--
(i) by striking ``(A) the'' and inserting ``(A) The''; and
(ii) by striking the semicolon at the end and inserting a
period;
(B) in subparagraph (B)--
(i) by striking ``(B) the'' and inserting ``(B) The''; and
(ii) by striking the semicolon at the end and inserting a
period; and
(C) in subparagraph (C), by striking ``(C) the'' and
inserting ``(C) The''.
(11) The item relating to section 903 in the table of
contents for chapter 9 is amended by striking ``licensure''
and inserting ``licensing''.
SEC. 12. OTHER COPYRIGHT RELATED TECHNICAL AMENDMENTS.
(a) Amendment to Title 18.--Section 2319(e)(2) of title 18,
United States Code, is amended by striking ``107 through
120'' and inserting ``107 through 122''.
(b) Standard Reference Data.--(1) Section 105(f) of Public
Law 94-553 is amended by striking ``section 290(e) of title
15'' and inserting ``section 6 of the Standard Reference Data
Act (15 U.S.C. 290e)''.
(2) Section 6(a) of the Standard Reference Data Act (15
U.S.C. 290e) is amended by striking ``Notwithstanding'' and
all that follows through ``United States Code,'' and
inserting ``Notwithstanding the limitations under section 105
of title 17, United States Code,''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr.
Conyers) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, Senate bill 320 consists of noncontroversial, technical
amendments to the patent, trademark, and copyright laws. This bill
corrects clerical and other technical drafting errors, and makes
important clarifications in the American Inventors Protection Act which
was enacted into law during the 106th Congress.
It also makes technical changes to title I of the Intellectual
Property and Communications Omnibus Reform Act of 1999, title 17, and
other copyright and related technical amendments.
On February 14, 2001, S. 320 passed the other body by a recorded vote
of 98 to 0. However, upon further review, drafting errors were
discovered in the bill. The Committee on the Judiciary adopted an
amendment in the nature of a substitute which corrected the drafting
errors. The amendment and S. 320, as amended, were unanimously agreed
to by voice vote in the committee.
These are important and necessary amendments to our intellectual
property laws, and I urge Members to support S. 320.
Mr. Speaker, I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of the amendment, and so do all of the
Members on our side. This is noncontroversial. We support the
chairman's description.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman
from North Carolina (Mr. Coble).
Mr. COBLE. Mr. Speaker, I thank the gentleman for yielding time to
me. I will be very brief.
Mr. Speaker, as the gentleman from Wisconsin stated, S. 320 consists
of noncontroversial technical amendments to the patent, trademark, and
copyright laws. They are important improvements.
I want to thank my friend, the distinguished gentleman from
California (Mr. Berman), the ranking member on the subcommittee, for
his work, as well, on this bill, both in the 106th Congress and the
107th Congress. I also want to thank the gentleman from Wisconsin
(Chairman Sensenbrenner) for expeditiously moving this legislation
along, because it is important. I urge my colleagues to support S. 320.
Mr. BERMAN. Mr. Speaker, I rise in support of S. 320.
This bill, as amended by the Judiciary Committee last week, is
comprised of language from two bills, H.R. 4870 and H.R. 5106, that the
House passed by voice vote on suspension last year. As were those bills
last year, the current version of S. 320 is wholly non-controversial
and technical. It makes technical changes to patent, trademark, and
copyright law and streamlines the operations of the PTO and Copyright
Office.
As amended, S. 320 will do such things as change the title of the
head of the PTO from ``Director'' to ``Commissioner.'' It will also
harmonize capitalizations, alphabetize definition sections, and correct
punctuation.
I urge my colleagues to vote in favor of his bill.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the
rules and pass the Senate bill, S. 320, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
A motion to reconsider was laid on the table.
____________________