[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Page S3213]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1741. Mr. LEAHY (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed by him to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PATENTS.

       (a) In General.--Chapter 30 of title 35, United States 
     Code, is amended--
       (1) in section 302, in the first sentence, by inserting 
     ``or on the basis of credible evidence that any such claim 
     was obtained through fraud'' after ``section 301'';
       (2) in section 303--
       (A) in subsection (a)--
       (i) in the first sentence, by inserting ``or 
     enforceability'' after ``patentability''; and
       (ii) in the second sentence, by inserting ``, or a 
     substantial new question of enforceability is raised by 
     credible evidence of fraud,'' after ``patents and 
     publications''; and
       (B) in subsection (c), in the first sentence, by inserting 
     ``or enforceability'' after ``patentability'';
       (3) in section 304, in the first sentence, by inserting 
     ``or enforceability'' after ``patentability''; and
       (4) in section 307--
       (A) in the section heading, by inserting 
     ``unenforceability,'' after ``unpatentability,''; and
       (B) in subsection (a), by inserting ``or unenforceable'' 
     after ``unpatentable''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 30 of title 35, United States Code, is 
     amended by striking the item relating to section 307 and 
     inserting the following:

``307. Certificate of patentability, unpatentability, unenforceability, 
              and claim cancellation.''.
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