[Congressional Record Volume 167, Number 93 (Thursday, May 27, 2021)]
[Senate]
[Page S3907]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2093. 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.--No party may recover, 
     for infringement of the patent in any litigation, increased 
     monetary damages under section 284 for the period that such 
     assignment was not properly requested to be recorded under 
     subparagraph (A)(i).
       ``(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 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) Effective Date; Applicability.--The amendments made by 
     subsection (a) shall--
       (1) take effect on the date that is 1 year after the date 
     of enactment of this Act; and
       (2) apply with respect to any assignment that occurs on or 
     after the effective date described in paragraph (1).
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