[Congressional Record Volume 157, Number 29 (Tuesday, March 1, 2011)]
[Senate]
[Pages S1071-S1074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 118. Mr. BENNET (for himself, Mr. Brown of Massachusetts, Mr. 
Risch, Mr. Coons, Mr. Bingaman, and Mr. Crapo) submitted an amendment 
intended to be proposed by him 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:

       On page 32, line 12, strike ``DAMAGES'' and insert 
     ``DEFENSES; EVIDENTIARY REQUIREMENTS''.
       On page 32, strike line 13 and all that follows through 
     page 35, line 2.
       On page 37, line 1, strike ``(b)'' and insert ``(a)''.
       On page 37, line 20, strike ``(c)'' and insert ``(b)''.
       On page 38, line 3, strike ``(d)'' and insert ``(c)''.
       On page 38, line 13, strike ``(e)'' and insert ``(d)''.
       On page 77, strike line 23 and all that follows through 
     page 78, line 6.
       On page 78, line 7, strike ``(b)'' and insert ``(a)''.
       On page 78, line 20, strike ``(c)'' and insert ``(b)''.
                                 ______
                                 
  SA 119. Mr. BENNET (for himself and Mr. Udall of Colorado) submitted 
an amendment intended to be proposed by him 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:

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

     SEC. 18. TELEVISION ACCESS.

       (a) Short Title.--This section may be cited as the ``Four 
     Corners Television Access Act of 2011''.
       (b) Satellite Carriage of Certain Television Broadcast 
     Signals.--Section 122(a)(4)(C) of title 17, United States 
     Code, is amended--
       (1) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively;
       (2) by striking ``In the case of that State'' and inserting 
     the following:
       ``(ii) In the case of that State''; and
       (3) by inserting before clause (ii) (as so redesignated by 
     paragraph (2)) the following:
       ``(i) In the case of that State in which are located 2 
     counties that--

       ``(I) are located in the 44th largest designated market 
     area for the year 2008 according to Nielsen Media Research; 
     and
       ``(II) had a combined total of 27,540 television 
     households, according to the Nielsen DMA Market Atlas by 
     Nielsen Media Research for 2008,

     the statutory license provided under this paragraph shall 
     apply to secondary transmissions by a satellite carrier to 
     subscribers in any such county of the primary transmissions 
     of any network station located in that State, if the 
     satellite carrier was making such secondary transmissions to 
     any subscribers in that county on January 1, 2008.''.
       (c) Cable Carriage of Certain Television Broadcast 
     Signal.--Section 341 of Communications Act of 1934 (47 U.S.C. 
     341) is amended by adding at the end the following:
       ``(c) Rule of Construction.--
       ``(1) Significantly viewed.--Each television broadcast 
     station broadcasting in the designated market area of a State 
     capital is deemed significantly viewed in a covered county 
     within the meaning of section 76.54 of title 47, Code of 
     Federal Regulations, for purposes of the carriage and 
     retransmission of the signals of such broadcast station by a 
     cable system, translator, or other multichannel video 
     programming distributor.
       ``(2) Retransmission permitted.--Notwithstanding the 
     provisions of section 325(b), a cable system, translator, or 
     other multichannel video programming distributor may 
     retransmit the signal of any television broadcast station 
     described in paragraph (1) within a covered county.
       ``(3) Definition of covered county.--For purposes of this 
     subsection, a county is a covered county if--
       ``(A) it is 1 of 2 counties located in the 44th largest 
     designated market area for the year 2008 according to Nielsen 
     Media Research; and
       ``(B) it had a combined total of 27,540 television 
     households, according to the Nielsen DMA Market Atlas by 
     Nielsen Media Research for 2008.''.
       On page 104, line 23, strike ``SEC. 18.'' and insert ``SEC. 
     19.''.
                                 ______
                                 
  SA 120. Mr. KIRK submitted an amendment intended to be proposed by 
him 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:

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

     SEC. 18. PATENT OMBUDSMAN PROGRAM FOR SMALL BUSINESS 
                   CONCERNS.

       There is established in the United States Patent and 
     Trademark Office a Patent Ombudsman Program. The duties of 
     the Program's staff shall include providing support and 
     services relating to patent filings to small business 
     concerns.
                                 ______
                                 
  SA 121. Mr. LEAHY (for himself, Mr. Grassley, Mr. Kyl, and Mr. 
Whitehouse) 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 9, line 8, strike ``1 year'' and insert ``18 
     months''.
       On page 32, strike line 12 and all that follows through 
     page 35, line 2, and insert the following:

     SEC. 4. VIRTUAL MARKING AND ADVICE OF COUNSEL.

       On page 37, line 1, strike ``(b)'' and insert ``(a)''.
       On page 37, line 20, strike ``(c)'' and insert ``(b)''.
       On page 38, line 3, strike ``(d)'' and insert ``(c)''.
       On page 38, line 13, strike ``(e)'' and insert ``(d)''.
       On page 57, strike lines 17 through 23, and insert the 
     following:
       ``(b) Preliminary Injunctions.--If a civil action alleging 
     infringement of a patent is filed within 3 months of the 
     grant of the patent, the court may not stay its consideration 
     of the patent owner's motion for a preliminary injunction 
     against infringement of the patent on the basis that a 
     petition for post-grant review has been filed or that such a 
     proceeding has been instituted.''.
       On page 59, strike lines 13 through 19.
       On page 59, line 20, strike ``(g)'' and insert ``(f)''.
       On page 65, line 21, strike ``18 months'' and insert ``1 
     year''.
       On page 66, line 3, strike ``18 months'' and insert ``1 
     year''.
       On page 66, lines 4 and 5, strike ``and shall apply only to 
     patents issued on or after that date.'' and insert ``and, 
     except as provided in section 18 and in paragraph (3), shall 
     apply only to patents that are described in section 
     2(o)(1).''.
       On page 66, line 8, after the period insert the following: 
     ``During the 4 year period following the effective date of 
     subsections (a) and (d), the Director may, in his discretion, 
     continue to apply the provisions of chapter 31 of title 35, 
     United States Code, as amended by paragraph (3), as if 
     subsection (a) had not been enacted to such proceedings 
     instituted under section 314 (as amended by subsection (a)) 
     or under section 324 as are instituted only on the basis of 
     prior art consisting of patents and printed publications.''.
       On page 69, line 2, strike ``18 months'' and insert ``1 
     year''.
       On page 69, line 14, strike ``18 months'' and insert ``1 
     year''.
       On page 74, line 22, strike ``18 months'' and insert ``1 
     year''.
       On page 75, line 16, strike ``18 months'' and insert ``1 
     year''.
       On page 75, line 22, strike ``18 months'' and insert ``1 
     year''.
       On page 76, line 5, strike ``18 months'' and insert ``1 
     year''.
       On page 77, strike line 23 and all that follows through 
     page 78, line 6.
       On page 78, line 7, strike ``(b)'' and insert ``(a)''.
       On page 78, line 20, strike ``(c)'' and insert ``(b)''.
       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.
       On page 79, lines 19-21, strike ``filing, processing, 
     issuing, and maintaining patent applications and patents'' 
     and insert: ``filing, searching, examining, issuing, 
     appealing, and maintaining patent applications and patents''.
       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)''.
       On page 91, between lines 14 and 15, insert the following:

[[Page S1072]]

       (b) No Provision of Facilities Authorized.--The repeal made 
     by the amendment in subsection (a)(1) shall not be construed 
     to authorize the provision of any court facilities or 
     administrative support services outside of the District of 
     Columbia.
       On page 91, line 15, strike ``(b)'' and insert ``(c)''.
       On page 91, line 23, strike ``under either subsection'' and 
     all that follows through ``shall certify'' on page 92, line 
     2.
       On page 92, line 7, before the semicolon insert the 
     following: ``, not including applications filed in another 
     country, provisional applications under section 111(b), or 
     international applications filed under the treaty defined in 
     section 351(a) for which the basic national fee under section 
     41(a) was not paid''.
       On page 92, between lines 7 and 8, insert the following:
       ``(3) did not in the prior calendar year have a gross 
     income, as defined in section 61(a) of the Internal Revenue 
     Code (26 U.S.C. 61(a)), exceeding 3 times the most recently 
     reported median household income, as reported by the Bureau 
     of Census; and''.
       On page 92, strike lines 8 through 25.
       On page 93, line 1, strike ``(3) has not assigned, granted, 
     conveyed, or is'' and insert ``(4) has not assigned, granted, 
     conveyed, and is not''.
       On page 93, lines 4 and 5, strike ``has 5 or fewer 
     employees and that such entity has'' and insert ``had''.
       On page 93, line 7, strike ``that does'' and all that 
     follows through line 11, and insert the following: 
     ``exceeding 3 times the most recently reported median 
     household income, as reported by the Bureau of the Census, in 
     the calendar year preceding the calendar year in which the 
     fee is being paid, other than an entity of higher education 
     where the applicant is not an employee, a relative of an 
     employee, or have any affiliation with the entity of higher 
     education.''.
       On page 93, strike lines 12 through 17, and insert the 
     following:
       ``(b) Applications Resulting From Prior Employment.--An 
     applicant is not considered to be named on a previously filed 
     application for purposes of subsection (a)(2) if the 
     applicant has assigned, or is under an obligation by contract 
     or law to assign, all ownership rights in the application as 
     the result of the applicant's previous employment.
       ``(c) Foreign Currency Exchange Rate.--If an applicant's or 
     entity's gross income in the preceding year is not in United 
     States dollars, the average currency exchange rate, as 
     reported by the Internal Revenue Service, during the 
     preceding year shall be used to determine whether the 
     applicant's or entity's gross income exceeds the threshold 
     specified in paragraphs (3) or (4) of subsection (a).''.
       On page 94, between lines 18 and 19, insert the following:
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to imply that other business methods are patentable 
     or that other business-method patents are valid.
       On page 94, line 19, strike ``(c)'' and insert ``(d)''.
       On page 103, between lines 11 and 12, insert the following:
       ``(c) Derivative Jurisdiction Not Required.--The court to 
     which a civil action is removed under this section is not 
     precluded from hearing and determining any claim in such 
     civil action because the State court from which such civil 
     action is removed did not have jurisdiction over that 
     claim.''.
       On page 103, line 12, strike ``(c)'' and insert ``(d)''.
       On page 105, between lines 22 and 23, insert the following:

     SEC. 18. TRANSITIONAL PROGRAM FOR COVERED BUSINESS-METHOD 
                   PATENTS.

       (a) References.--Except as otherwise expressly provided, 
     wherever in this section language is expressed in terms of a 
     section or chapter, the reference shall be considered to be 
     made to that section or chapter in title 35, United States 
     Code.
       (b) Transitional Program.--
       (1) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall issue regulations 
     establishing and implementing a transitional post-grant 
     review proceeding for review of the validity of covered 
     business-method patents. The transitional proceeding 
     implemented pursuant to this subsection shall be regarded as, 
     and shall employ the standards and procedures of, a post-
     grant review under chapter 32, subject to the following 
     exceptions and qualifications:
       (A) Section 321(c) and subsections (e)(2), (f), and (g) of 
     section 325 shall not apply to a transitional proceeding.
       (B) A person may not file a petition for a transitional 
     proceeding with respect to a covered business-method patent 
     unless the person or his real party in interest has been sued 
     for infringement of the patent or has been charged with 
     infringement under that patent.
       (C) A petitioner in a transitional proceeding who 
     challenges the validity of 1 or more claims in a covered 
     business-method patent on a ground raised under section 102 
     or 103 as in effect on the day prior to the date of enactment 
     of this Act may support such ground only on the basis of--
       (i) prior art that is described by section 102(a) (as in 
     effect on the day prior to the date of enactment of this 
     Act); or
       (ii) prior art that--

       (I) discloses the invention more than 1 year prior to the 
     date of the application for patent in the United States; and
       (II) would be described by section 102(a) (as in effect on 
     the day prior to the date of enactment of this Act) if the 
     disclosure had been made by another before the invention 
     thereof by the applicant for patent.

       (D) The petitioner in a transitional proceeding, or his 
     real party in interest, may not assert either in a civil 
     action arising in whole or in part under section 1338 of 
     title 28, United States Code, or in a proceeding before the 
     International Trade Commission that a claim in a patent is 
     invalid on any ground that the petitioner raised during a 
     transitional proceeding that resulted in a final written 
     decision.
       (E) The Director may institute a transitional proceeding 
     only for a patent that is a covered business-method patent.
       (2) Effective date.--The regulations issued pursuant to 
     paragraph (1) shall take effect on the date that is 1 year 
     after the date of enactment of this Act and shall apply to 
     all covered business-method patents issued before, on, or 
     after such date of enactment, except that the regulations 
     shall not apply to a patent described in the first sentence 
     of section 5(f)(2) of this Act during the period that a 
     petition for post-grant review of that patent would satisfy 
     the requirements of section 321(c).
       (3) Sunset.--
       (A) In general.--This subsection, and the regulations 
     issued pursuant to this subsection, are repealed effective on 
     the date that is 4 years after the date that the regulations 
     issued pursuant to paragraph (1) take effect.
       (B) Applicability.--Notwithstanding subparagraph (A), this 
     subsection and the regulations implemented pursuant to this 
     subsection shall continue to apply to any petition for a 
     transitional proceeding that is filed prior to the date that 
     this subsection is repealed pursuant to subparagraph (A).
       (c) Request for Stay.--
       (1) In general.--If a party seeks a stay of a civil action 
     alleging infringement of a patent under section 281 in 
     relation to a transitional proceeding for that patent, the 
     court shall decide whether to enter a stay based on--
       (A) whether a stay, or the denial thereof, will simplify 
     the issues in question and streamline the trial;
       (B) whether discovery is complete and whether a trial date 
     has been set;
       (C) whether a stay, or the denial thereof, would unduly 
     prejudice the nonmoving party or present a clear tactical 
     advantage for the moving party; and
       (D) whether a stay, or the denial thereof, will reduce the 
     burden of litigation on the parties and on the court.
       (2) Review.--A party may take an immediate interlocutory 
     appeal from a district court's decision under paragraph (1). 
     The United States Court of Appeals for the Federal Circuit 
     shall review the district court's decision to ensure 
     consistent application of established precedent.
       (d) Definition.--For purposes of this section, the term 
     ``covered business method patent'' means a patent that claims 
     a method or corresponding apparatus for performing data 
     processing operations utilized in the practice, 
     administration, or management of a financial product or 
     service, except that the term shall not include patents for 
     technological inventions. Solely for the purpose of 
     implementing the transitional proceeding authorized by this 
     subsection, the Director shall prescribe regulations for 
     determining whether a patent is for a technological 
     invention.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed as amending or interpreting categories of patent-
     eligible subject matter set forth under section 101.

     SEC. 19. TRAVEL EXPENSES AND PAYMENT OF ADMINISTRATIVE 
                   JUDGES.

       (a) Authority to Cover Certain Travel Related Expenses.--
     Section 2(b)(11) of title 35, United States Code, is amended 
     by inserting ``, and the Office is authorized to expend funds 
     to cover the subsistence expenses and travel-related 
     expenses, including per diem, lodging costs ,and 
     transportation costs, of non-federal employees attending such 
     programs'' after ``world''.
       (b) Payment of Administrative Judges.--Section 3(b) of 
     title 35, United States Code, is amended by adding at the end 
     the following:
       ``(6) Administrative patent judges and administrative 
     trademark judges.--The Director has the authority to fix the 
     rate of basic pay for the administrative patent judges 
     appointed pursuant to section 6 of this title and the 
     administrative trademark judges appointed pursuant to section 
     17 of the Trademark Act of 1946 (15 U.S.C. 1067) at not 
     greater than the rate of basic pay payable for Level III of 
     the Executive Schedule. The payment of a rate of basic pay 
     under this paragraph shall not be subject to the pay 
     limitation of section 5306(e) or 5373 of title 5.''.

     SEC. 20. PATENT AND TRADEMARK OFFICE FUNDING.

       (a) 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) Fund.--The term ``Fund'' means the public enterprise 
     revolving fund established under subsection (c).
       (3) Office.--The term ``Office'' means the United States 
     Patent and Trademark Office.
       (4) Trademark act of 1946.--The term ``Trademark Act of 
     1946'' means an Act entitled ``Act to provide for the 
     registration and

[[Page S1073]]

     protection of trademarks used in commerce, to carry out the 
     provisions of certain international conventions, and for 
     other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et 
     seq.) (commonly referred to as the ``Trademark Act of 1946'' 
     or the ``Lanham Act'').
       (5) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Commerce for Intellectual Property.
       (b) Funding.--
       (1) In general.--Section 42 of title 35, United States 
     Code, is amended--
       (A) in subsection (b), by striking ``Patent and Trademark 
     Office Appropriation Account'' and inserting ``United States 
     Patent and Trademark Office Public Enterprise Fund''; and
       (B) in subsection (c), in the first sentence--
       (i) by striking ``To the extent'' and all that follows 
     through ``fees'' and inserting ``Fees''; and
       (ii) by striking ``shall be collected by and shall be 
     available to the Director'' and inserting ``shall be 
     collected by the Director and shall be available until 
     expended''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the later of--
       (A) October 1, 2011; or
       (B) the first day of the first fiscal year that begins 
     after the date of the enactment of this Act.
       (c) USPTO Revolving Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a revolving fund to be known as the 
     ``United States Patent and Trademark Office Public Enterprise 
     Fund''. Any amounts in the Fund shall be available for use by 
     the Director without fiscal year limitation.
       (2) Derivation of resources.--There shall be deposited into 
     the Fund on or after the effective date of subsection 
     (b)(1)--
       (A) any fees collected under sections 41, 42, and 376 of 
     title 35, United States Code, provided that notwithstanding 
     any other provision of law, if such fees are collected by, 
     and payable to, the Director, the Director shall transfer 
     such amounts to the Fund, provided, however, that no funds 
     collected pursuant to section 9(h) of this Act or section 
     1(a)(2) of Public Law 111-45 shall be deposited in the Fund; 
     and
       (B) any fees collected under section 31 of the Trademark 
     Act of 1946 (15 U.S.C. 1113).
       (3) Expenses.--Amounts deposited into the Fund under 
     paragraph (2) shall be available, without fiscal year 
     limitation, to cover--
       (A) all expenses to the extent consistent with the 
     limitation on the use of fees set forth in section 42(c) of 
     title 35, United States Code, including all administrative 
     and operating expenses, determined in the discretion of the 
     Under Secretary to be ordinary and reasonable, incurred by 
     the Under Secretary and the Director for the continued 
     operation of all services, programs, activities, and duties 
     of the Office relating to patents and trademarks, as such 
     services, programs, activities, and duties are described 
     under--
       (i) title 35, United States Code; and
       (ii) the Trademark Act of 1946; and
       (B) all expenses incurred pursuant to any obligation, 
     representation, or other commitment of the Office.
       (d) Annual Report.--Not later than 60 days after the end of 
     each fiscal year, the Under Secretary and the Director shall 
     submit a report to Congress which shall--
       (1) summarize the operations of the Office for the 
     preceding fiscal year, including financial details and staff 
     levels broken down by each major activity of the Office;
       (2) detail the operating plan of the Office, including 
     specific expense and staff needs for the upcoming fiscal 
     year;
       (3) describe the long term modernization plans of the 
     Office;
       (4) set forth details of any progress towards such 
     modernization plans made in the previous fiscal year; and
       (5) include the results of the most recent audit carried 
     out under subsection (f).
       (e) Annual Spending Plan.--
       (1) In general.--Not later than 30 days after the beginning 
     of each fiscal year, the Director shall notify the Committees 
     on Appropriations of both Houses of Congress of the plan for 
     the obligation and expenditure of the total amount of the 
     funds for that fiscal year in accordance with section 605 of 
     the Science, State, Justice, Commerce, and Related Agencies 
     Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 
     2334).
       (2) Contents.--Each plan under paragraph (1) shall--
       (A) summarize the operations of the Office for the current 
     fiscal year, including financial details and staff levels 
     with respect to major activities; and
       (B) detail the operating plan of the Office, including 
     specific expense and staff needs, for the current fiscal 
     year.
       (f) Audit.--The Under Secretary shall, on an annual basis, 
     provide for an independent audit of the financial statements 
     of the Office. Such audit shall be conducted in accordance 
     with generally acceptable accounting procedures.
       (g) Budget.--The Fund shall prepare and submit each year to 
     the President a business-type budget in a manner, and before 
     a date, as the President prescribes by regulation for the 
     budget program.
       On page 105, line 23, strike ``SEC. 18.'' and insert ``SEC. 
     21.''.
       At the end, add the following:

     SEC. 22. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 122. Mr. COONS submitted an amendment intended to be proposed by 
him 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:

       On page 77, strike line 23 and all that follows through 
     page 78, line 6.
       On page 78, line 7, strike ``(b)'' and insert ``(a)''.
       On page 78, line 20, strike ``(c)'' and insert ``(b)''.
                                 ______
                                 
  SA 123. Mr. KIRK (for himself and Mr. Pryor) submitted an amendment 
intended to be proposed by him 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. PATENT OMBUDSMAN PROGRAM FOR SMALL BUSINESS 
                   CONCERNS.

       Subject to available resources, the Director may establish 
     in the United States Patent and Trademark Office a Patent 
     Ombudsman Program. The duties of the Program's staff shall 
     include providing support and services relating to patent 
     filings to small business concerns.
                                 ______
                                 
  SA 124. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 23, to amend title 35, United States Code, to 
provide for patent reform; as follows:

       On page 104, strike line 23, and insert the following:

     SEC. 18. PRIORITY EXAMINATION FOR TECHNOLOGIES IMPORTANT TO 
                   AMERICAN COMPETITIVENESS.

       Section 2(b)(2) of title 35, United States Code, is 
     amended--
       (1) in subparagraph (E), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (F), by striking the semicolon and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) may, subject to any conditions prescribed by the 
     Director and at the request of the patent applicant, provide 
     for prioritization of examination of applications for 
     products, processes, or technologies that are important to 
     the national economy or national competitiveness, such as 
     green technologies designed to foster renewable energy, clean 
     energy, biofuels or bio-based products, agricultural 
     sustainability, environmental quality, energy conservation, 
     or energy efficiency, without recovering the aggregate extra 
     cost of providing such prioritization, notwithstanding 
     section 41 or any other provision of law;''.

     SEC. 19. EFFECTIVE DATE.

                                 ______
                                 
  SA 125. Mr. CARDIN submitted an amendment intended to be proposed by 
him 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:

       On page 104, strike line 23, and insert the following:

     SEC. 18. COMPLIANCE WITH CERTAIN ORDERS OF THE FEDERAL 
                   COMMUNICATIONS COMMISSION.

       Section 1498 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(f) Whenever, after the date of enactment of this 
     subsection, a wireless carrier is alleged to infringe a 
     patent or copyright not previously licensed as a means to 
     comply with an order or directive of the Federal 
     Communications Commission concerning enhanced 911 services, 
     then that alleged infringement shall be construed as a use or 
     manufacture for the United States for purposes of this 
     section.''.

     SEC. 19. EFFECTIVE DATE.

                                 ______
                                 
  SA 126. Ms. STABENOW (for herself and Mr. Levin) submitted an 
amendment intended to be proposed by her 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:

       On page 104, strike line 23 and insert the following:

     SEC. 18. DESIGNATION OF DETROIT SATELLITE OFFICE.

       (a) Designation.--The satellite office of the United States 
     Patent and Trademark Office to be located in Detroit, 
     Michigan shall be known and designated as the ``Elijah J. 
     McCoy United States Patent and Trademark Office''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     satellite office of the United States Patent and Trademark 
     Office to be located in Detroit, Michigan referred to in 
     subsection (a) shall be deemed to be a reference to the 
     ``Elijah J. McCoy United States Patent and Trademark 
     Office''.

     SEC. 19. EFFECTIVE DATE.

[[Page S1074]]

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  SA 127. Mr. ENSIGN submitted an amendment intended to be proposed by 
him 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:

       On page 94, between lines 18 and 19, insert the following:

       (c) Exclusion.--This section does not apply to tax 
     preparation computer software or financial management 
     computer software that is novel and nonobvious as computer 
     software.
       On page 94, line 19, strike ``(c)'' and insert ``(d)''.
                                 ______
                                 
  SA 128. Mr. FRANKEN submitted an amendment intended to be proposed by 
him 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:

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

     SEC. 18. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE 
                   ENERGY AND ELECTRIC POWER TRANSMISSION 
                   PROJECTS.

       Section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 
     16516(a)) is amended by adding at the end the following:
       ``(4) Energy efficiency projects, including projects to 
     retrofit residential, commercial, and industrial buildings, 
     facilities, and equipment.''.
                                 ______
                                 
  SA 129. Mr. RISCH submitted an amendment intended to be proposed by 
him 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:

       On page 42, line 19, strike ``6 months'' and insert ``1 
     year''.
                                 ______
                                 
  SA 130. Mr. RISCH submitted an amendment intended to be proposed by 
him 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:

       On page 38, strike line 17 and all that follows through 
     page 53, line 12.
                                 ______
                                 
  SA 131. Mr. CARDIN submitted an amendment intended to be proposed by 
him 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:

       On page 79, line 18, strike ``and micro entities.--'' and 
     insert ``, micro entities, hbcus, and other minority-serving 
     institutions.--''
       On page 80, line 2, strike the period and insert ``and to 
     any eligible institution defined in section 371(a) of the 
     Higher Education Act of 1965 (20 U.S.C. 1067q).''.
                                 ______
                                 
  SA 132. Mr. CARDIN (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed by him 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:

       On page 20, strike line 11 and all that follows through 
     ``(iv)'' on line 14, and insert the following:
       (iii) the effects of the change on small business concerns 
     owned and controlled by women, as that term is defined in 
     section 3 of the Small Business Act (15 U.S.C. 632), and 
     small business concerns owned and controlled by socially and 
     economically disadvantaged individuals, as that term is 
     defined in section 8(d)(3)(C) of the Small Business Act (15 
     U.S.C. 637(d)(3)(C));
       (iv) the cost savings and other potential benefits to small 
     business concerns of the change; and
       (v)

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