[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 1740. 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. ___. OWNERSHIP AND ASSIGNMENT OF PATENTS.

       Section 261 of title 35, United States Code, is amended--
       (1) by striking the first undesignated paragraph and 
     inserting the following:
       ``(a) In General.--
       ``(1) Attributes of personal property.--Subject to the 
     provisions of this title, patents shall have the attributes 
     of personal property.
       ``(2) Register of interests.--The Patent and Trademark 
     Office shall--
       ``(A) maintain a register of interests in patents and 
     applications for patents;
       ``(B) record any document related thereto upon request;
       ``(C) not later than 90 days after the date on which a 
     patent, or any interest in a patent of not less than 10 
     percent (in the aggregate), is assigned to any foreign entity 
     or person, require the recording of that assignment; and
       ``(D) maintain a publicly accessible database that is 
     digitally searchable by fields based on patent number, 
     assignee, assignor, assignment date, and other criteria 
     established by the Office.
       ``(3) Effect of failure to comply.--No party may recover, 
     for infringement of a patent in any litigation, any monetary 
     damages for any period in which ownership with respect to the 
     patent is not properly recorded in accordance with the 
     requirements of this subsection.'';
       (2) in the first undesignated paragraph following 
     subsection (a), as so designated by paragraph (1) of this 
     section, by striking ``Applications'' and inserting the 
     following:
       ``(b) Applications.--Applications'';
       (3) in the first undesignated paragraph following 
     subsection (b), as so designated by paragraph (2) of this 
     section, by striking ``A certificate'' and inserting the 
     following:
       ``(c) Certificate of Acknowledgment.--A certificate''; and
       (4) in the first undesignated paragraph following 
     subsection (c), as so designated by paragraph (3) of this 
     section, by striking ``An interest'' and inserting the 
     following:
       ``(d) Effect of Assignment.--An interest''.
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