[Congressional Record Volume 167, Number 92 (Wednesday, May 26, 2021)]
[Senate]
[Page S3526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2060. Mr. LEAHY (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer 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.

       (a) In General.--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 assignments and ownership.--The Patent 
     and Trademark Office shall maintain a publicly accessible 
     register of interests in patents and applications for patents 
     and shall record any document related thereto upon request, 
     and may require a fee therefor.
       ``(3) Requirement to record certain assignments.--
       ``(A) In general.--Whenever all substantial rights in a 
     patent are assigned to a person, including a legal or 
     governmental entity or a parent corporation--
       ``(i) the patentee shall, not later than 90 days after the 
     date of the assignment, submit a request described in 
     paragraph (2) with respect to the assignment; and
       ``(ii) the Patent and Trademark Office shall, upon 
     receiving the request submitted under clause (i), record the 
     assignment in the register described in paragraph (2).
       ``(B) Effect of failure to comply.--During any period in 
     which the requirements of subparagraph (A)(i) are not 
     satisfied with respect to a patent to which this paragraph 
     applies, no party may recover, for the infringement of that 
     patent in any action, increased damages under section 284.
       ``(C) Rules.--The Director may prescribe rules to implement 
     this paragraph, including rules for the proper recording of 
     the assignments of patents.'';
       (2) in the first undesignated paragraph following 
     subsection (a), as so designated by paragraph (1) of this 
     subsection, 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 
     subsection, 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 
     subsection, by striking ``An interest'' and inserting the 
     following:
       ``(d) Effect of Assignment.--An interest''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply with respect to any assignment that occurs on or 
     after the date of enactment of this Act.
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