[Congressional Record Volume 157, Number 28 (Monday, February 28, 2011)]
[Senate]
[Pages S979-S980]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 112. Mr. TOOMEY (for himself and Mr. Vitter) proposed an amendment 
to the bill S. 23, to amend title 35, United States Code, to provide 
for patent reform; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FULL FAITH AND CREDIT ACT.

       (a) Short Title.--This section may be cited as the ``Full 
     Faith and Credit Act''.
       (b) Prioritize Obligations on the Debt Held by the 
     Public.--In the event that the debt of the United States 
     Government, as defined in section 3101 of title 31, United 
     States Code, reaches the statutory limit, the authority of 
     the Department of the Treasury provided in section 3123 of 
     title 31, United States Code, to pay with legal tender the 
     principal and interest on debt held by the public shall take 
     priority over all other obligations incurred by the 
     Government of the United States.
                                 ______
                                 
  SA 113. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 112 proposed by Mr. Toomey (for himself and Mr. Vitter) to 
the bill S. 23, to amend title 35, United States Code, to provide for 
patent reform; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:
       (c) Prioritize Payment of Social Security Benefits.--
     Notwithstanding subsection (b), in the event that the debt of 
     the United States Government, as so defined, reaches the 
     statutory limit, the authority described in subsection (b) 
     and the authority of the Commissioner of Social Security to 
     pay monthly old-age, survivors', and disability insurance 
     benefits under title II of the Social Security Act shall be 
     given equal priority over all other obligations incurred by 
     the Government of the United States.
                                 ______
                                 
  SA 114. Mr. LEAHY proposed an amendment to the bill S. 23 , to amend 
title 35, United States Code, to provide for patent reform; as follows:

       On page 1, strike line 5, and insert the following: `` 
     `America Invents Act' ''.
       On page 79, strike lines 1 through 17, and insert the 
     following:
       (1) In general.--The Director shall have authority to set 
     or adjust by rule any fee established, authorized, or charged 
     under title 35, United States Code, and the Trademark Act of 
     1946 (15 U.S.C. 1051 et seq.), notwithstanding the fee 
     amounts established, authorized, or charged thereunder, for 
     all services performed by or materials furnished by, the 
     Office, provided that patent and trademark fee amounts are in 
     the aggregate set to recover the estimated cost to the Office 
     for processing, activities, services, and materials relating 
     to patents and trademarks, respectively, including 
     proportionate shares of the administrative costs of the 
     Office.
                                 ______
                                 
  SA 115. Mr. LEE proposed an amendment to the bill S. 23, to amend 
title 35, United States Code, to provide for patent reform; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SENSE OF THE SENATE.

       It is the sense of the Senate that Congress should pass and 
     the States should agree to an amendment to the Constitution 
     requiring a Federal balanced budget.
                                 ______
                                 
  SA 116. Mr. BENNET (for himself and Ms. Ayotte) proposed an amendment 
to the bill S. 23, to amend title 35, United States Code, to provide 
for patent reform; as follows:

       On page 86, between lines 8 and 9, insert the following:
       (i) Reduction in Fees for Small Entity Patents.--The 
     Director shall reduce fees for providing prioritized 
     examination of utility and plant patent applications by 50 
     percent for small entities that qualify for reduced fees 
     under section 41(h)(1) of title 35, United States Code, so 
     long as the fees of the prioritized examination program are 
     set to recover the estimated cost of the program.

       On page 86, line 9, strike ``(i)'' and insert ``(j)''.
                                 ______
                                 
  SA 117. Mr. BENNET (for himself and Mr. Udall or Colorado) proposed 
an amendment to the bill S. 23, to amend title 35, United States Code, 
to provide for patent reform; as follows:

       On page 104, between lines 22 and 23, insert the following:

     SEC. 18. SATELLITE OFFICES.

       (a) Establishment.--Subject to available resources, the 
     Director shall establish 3 or more satellite offices in the 
     United States to carry out the responsibilities of the Patent 
     and Trademark Office.
       (b) Purpose.--The purpose of the satellite offices 
     established under subsection (a) are to--
       (1) increase outreach activities to better connect patent 
     filers and innovators with the Patent and Trademark Office;
       (2) enhance patent examiner retention;

[[Page S980]]

       (3) improve recruitment of patent examiners; and
       (4) decrease the number of patent applications waiting for 
     examination and improve the quality of patent examination.
       (c) Required Considerations.--In selecting the locale of 
     each satellite office to be established under subsection (a), 
     the Director shall--
       (1) ensure geographic diversity among the offices, 
     including by ensuring that such offices are established in 
     different States and regions throughout the Nation; and
       (2) rely upon any previous evaluations by the Patent and 
     Trademark Office of potential locales for satellite offices, 
     including any evaluations prepared as part of the Patent and 
     Trademark Office's Nationwide Workforce Program that resulted 
     in the 2010 selection of Detroit, Michigan as the first ever 
     satellite office of the Patent and Trademark Office.
       (d) Phase-in.--The Director shall satisfy the requirements 
     of subsection (a) over the 3-year period beginning on the 
     date of enactment of this Act.
       (e) Report to Congress.--Not later than the end of the 
     first fiscal year that occurs after the date of the enactment 
     of this Act, and each fiscal year thereafter, the Director 
     shall submit a report to Congress on--
       (1) the rationale of the Director in selecting the locale 
     of any satellite office required under subsection (a);
       (2) the progress of the Director in establishing all such 
     satellite offices; and
       (3) whether the operation of existing satellite offices is 
     achieving the purposes required under subsection (b).
       (f) Definitions.--In this section, the following 
     definitions shall apply:
       (1) Director.--The term ``Director'' means the Director of 
     the United States Patent and Trademark Office.
       (2) Patent and trademark office.--The term ``Patent and 
     Trademark Office'' means the United States Patent and 
     Trademark Office.

       On page 104, line 23, strike ``SEC. 18.'' and insert ``SEC. 
     19.''.

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