[Congressional Record (Bound Edition), Volume 146 (2000), Part 13]
[House]
[Pages 18479-18483]
[From the U.S. Government Publishing Office, www.gpo.gov]



         INTELLECTUAL PROPERTY TECHNICAL AMENDMENTS ACT OF 2000

  Mr. COBLE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4870) to make technical corrections in patent, copyright, and 
trademark laws.
  The Clerk read as follows:

                               H.R. 4870

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Intellectual Property 
     Technical Amendments Act of 2000''.

     SEC. 2. OFFICERS AND EMPLOYEES.

       (a) Renaming of Officers.--(1) Title 35, United States 
     Code, is amended--
       (A) by striking ``Director'' each place it appears and 
     inserting ``Commissioner''; and
       (B) by striking ``Director's'' each place it appears and 
     inserting ``Commissioner's''.
       (2) The Act of July 5, 1946 (commonly referred to as the 
     ``Trademark Act of 1946''; 15 U.S.C. 1051 et seq.) is amended 
     by striking ``Director'' each place it appears and inserting 
     ``Commissioner''.
       (3)(A) Title 35, United States Code, is amended by striking 
     ``Commissioner for Patents'' each place it appears and 
     inserting ``Assistant Commissioner for Patents''.
       (B) Section 3(b)(2) of title 35, United States Code, is 
     amended--
       (i) in the paragraph heading, by striking ``Commissioners'' 
     and inserting ``Assistant commissioners'';
       (ii) in subparagraph (A), in the last sentence--
       (I) by striking ``a Commissioner'' and inserting ``an 
     Assistant Commissioner''; and
       (II) by striking ``the Commissioner'' and inserting ``the 
     Assistant Commissioner'';
       (iii) in subparagraph (B)--
       (I) by striking ``Commissioners'' each place it appears and 
     inserting ``Assistant Commissioners'';
       (II) by striking ``Commissioners' '' each place it appears 
     and inserting ``Assistant Commissioners' ''; and
       (iii) in subparagraph (C), by striking ``Commissioners'' 
     and inserting ``Assistant Commissioners''.
       (C) Section 3(f) of title 35, United States Code, is 
     amended in paragraphs (2) and (3), by striking ``the 
     Commissioner'' each place it appears and inserting ``the 
     Assistant Commissioner''.
       (D) Section 13 of title 35, United States Code, is 
     amended--

[[Page 18480]]

       (i) by striking ``Commissioner of'' each place it appears 
     and inserting ``Assistant Commissioner for''; and
       (ii) by striking ``Commissioners'' and inserting 
     ``Assistant Commissioners''.
       (E) Chapter 17 of title 35, United States Code, is amended 
     by striking ``Commissioner of Patents'' each place it appears 
     and inserting ``Assistant Commissioner for Patents''.
       (F) Section 297 of title 35, United States Code, is amended 
     by striking ``Commissioner of Patents'' each place it appears 
     and inserting ``Commissioner''.
       (4) Title 35, United States Code, is amended by striking 
     ``Commissioner for Trademarks'' each place it appears and 
     inserting ``Assistant Commissioner for Trademarks''.
       (5) Section 5314 of title 5, United States Code, is amended 
     by striking
       ``Under Secretary of Commerce for Intellectual Property and 
     Director of the United States Patent and Trademark Office.''
     and inserting
       ``Under Secretary of Commerce for Intellectual Property and 
     Commissioner of the United States Patent and Trademark 
     Office.''.
       (6)(A) Section 303 of title 35, United States Code, is 
     amended--
       (i) in the section heading by striking ``Director '' and 
     inserting ``Commissioner''; and
       (ii) by striking ``Director's'' and inserting 
     ``Commissioner's''.
       (B) The item relating to section 303 in the table of 
     sections for chapter 30 of title 35, United States Code, is 
     amended by striking ``Director'' and inserting 
     ``Commissioner''.
       (b) Additional Clerical Amendments.--
       (1) The following provisions of law are amended by striking 
     ``Director'' each place it appears and inserting 
     ``Commissioner''.
       (A) Section 9(p)(1)(B) of the Small Business Act (15 U.S.C. 
     638(p)(1)(B).
       (B) Section 19 of the Tennessee Valley Authority Act of 
     1933 (16 U.S.C. 831r).
       (C) Section 182(b)(2)(A) of the Trade Act of 1974 (19 
     U.S.C. 2242(b)(2)(A)).
       (D) Section 302(b)(2)(D) of the Trade Act of 1974 (19 
     U.S.C. 2412(b)(2)(D)).
       (E) Section 702(d) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 372(d)).
       (F) Section 1295(a)(4)(B) of title 28, United States Code.
       (G) Section 1744 of title 28, United States Code.
       (H) Section 151 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2181).
       (I) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2182).
       (J) Section 305 of the National Aeronautics and Space Act 
     of 1958 (42 U.S.C. 2457).
       (K) Section 12(a) of the Solar Heating and Cooling 
     Demonstration Act of 1974 (42 U.S.C. 5510(a)).
       (L) Section 10(i) of the Trading with the enemy Act (50 
     U.S.C. App. 10(i)).
       (M) Section 4203 of the Intellectual Property and 
     Communications Omnibus Reform Act of 1999, as enacted by 
     section 1000(a)(9) of Public Law 106-113.
       (2) The item relating to section 1744 in the table of 
     sections for chapter 115 of title 28, United States Code, is 
     amended by striking ``generally'' and inserting ``, 
     generally''.
       (c) References.--Any reference in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or pertaining to the Patent and 
     Trademark Office--
       (1) to the Director of the United States Patent and 
     Trademark Office or to the Commissioner of Patents and 
     Trademarks is deemed to refer to the Under Secretary of 
     Commerce for Intellectual Property and Commissioner of the 
     United States Patent and Trademark Office;
       (2) to the Commissioner for Patents is deemed to refer to 
     the Assistant Commissioner for Patents; and
       (3) to the Commissioner for Trademarks is deemed to refer 
     to the Assistant Commissioner for Trademarks.

     SEC. 3. CLARIFICATION OF REEXAMINATION PROCEDURE ACT OF 1999; 
                   TECHNICAL AMENDMENTS.

       (a) Optional Inter Partes Reexamination Procedures.--Title 
     35, United States Code, is amended as follows:
       (1) Section 311 is amended--
       (A) in subsection (a), by striking ``person'' and inserting 
     ``third-party requester''; and
       (B) in subsection (c), by striking ``Unless the requesting 
     person is the owner of the patent, the'' and inserting 
     ``The''.
       (2) Section 312 is amended--
       (A) in subsection (a), by striking the last sentence; and
       (B) by striking ``, if any''.
       (3) Section 314(b)(1) is amended--
       (A) by striking ``(1) This'' and all that follows through 
     ``(2)'' and inserting ``(1)'';
       (B) by striking ``the third-party requester shall receive a 
     copy'' and inserting ``the Office shall send to the third-
     party requester a copy''; and
       (C) by redesignating paragraph (3) as paragraph (2).
       (4) Section 315(c) is amended by striking ``United States 
     Code,''.
       (5) Section 317 is amended--
       (A) in subsection (a), by striking ``patent owner nor the 
     third-party requester, if any, nor privies of either'' and 
     inserting ``third-party requester nor its privies'', and
       (B) in subsection (b), by striking ``United States Code,''.
       (b) Conforming Amendments.--
       (1) Appeal to the board of patent appeals and 
     interferences.--Subsections (a), (b), and (c) of section 134 
     of title 35, United States Code, are each amended by striking 
     ``administrative patent judge'' each place it appears and 
     inserting ``primary examiner''.
       (2) Proceeding on appeal.--Section 143 of title 35, United 
     States Code, is amended by amending the third sentence to 
     read as follows: ``In an ex parte case or any reexamination 
     case, the Commissioner shall submit to the court in writing 
     the grounds for the decision of the Patent and Trademark 
     Office, addressing all the issues involved in the appeal. The 
     court shall, before hearing an appeal, give notice of the 
     time and place of the hearing to the Commissioner and the 
     parties in the appeal.''.
       (c) Clerical Amendments.--
       (1) Section 4604(a) of the Intellectual Property and 
     Communications Omnibus Reform Act of 1999, is amended by 
     striking ``Part 3'' and inserting ``Part III''.
       (2) Section 4604(b) of that Act is amended by striking 
     ``title 25'' and inserting ``title 35''.
       (d) Effective Date.--The amendments made by sections 
     4605(c) and 4605(e) of the Intellectual Property and 
     Communications Omnibus Reform Act, as enacted by section 
     1000(a)(9) of Public Law 106-113, shall apply to any 
     reexamination filed in the United States Patent and Trademark 
     Office on or after the date of the enactment of Public Law 
     106-113.

     SEC. 4. PATENT AND TRADEMARK EFFICIENCY ACT AMENDMENTS.

       (a) Deputy Commissioner.--
       (1) Section 17(b) of the Act of July 5, 1946 (commonly 
     referred to as the ``Trademark Act of 1946'') (15 U.S.C. 
     1067(b)), is amended by inserting ``the Deputy 
     Commissioner,'' after ``Commissioner,''.
       (2) Section 6(a) of title 35, United States Code, is 
     amended by inserting ``the Deputy Commissioner,'' after 
     ``Commissioner,''.
       (b) Public Advisory Committees.--Section 5 of title 35, 
     United States Code, is amended--
       (1) in subsection (i), by inserting ``, privileged,'' after 
     ``personnel''; and
       (2) by adding at the end the following new subsection:
       ``(j) Inapplicability of Patent Prohibition.--Section 4 
     shall not apply to voting members of the Advisory 
     Committees.''.
       (c) Miscellaneous.--Section 153 of title 35, United States 
     Code, is amended by striking ``and attested by an officer of 
     the Patent and Trademark Office designated by the 
     Commissioner,''.

     SEC. 5. DOMESTIC PUBLICATION OF FOREIGN FILED PATENT 
                   APPLICATIONS ACT OF 1999 AMENDMENTS.

       Section 154(d)(4)(A) of title 35, United States Code, as in 
     effect on November 29, 2000, is amended--
       (1) by striking ``on which the Patent and Trademark Office 
     receives a copy of the'' and inserting ``of''; and
       (2) by striking ``international application'' the last 
     place it appears and inserting ``publication''.

     SEC. 6. DOMESTIC PUBLICATION OF PATENT APPLICATIONS PUBLISHED 
                   ABROAD.

       Subtitle E of title IV of the Intellectual Property and 
     Communications Omnibus Reform Act of 1999, as enacted by 
     section 1000(a)(9) of Public Law 106-113, is amended as 
     follows:
       (1) Section 4505 is amended to read as follows:

     ``SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.

       ``Section 102(e) of title 35, United States Code, is 
     amended to read as follows:
       `` `(e) the invention was described in (1) an application 
     for patent, published under section 122(b), by another filed 
     in the United States before the invention by the applicant 
     for patent or (2) a patent granted on an application for 
     patent by another filed in the United States before the 
     invention by the applicant for patent, except that an 
     international application filed under the treaty defined in 
     section 351(a) shall have the effects for the purposes of 
     this subsection of an application filed in the United States 
     if and only if the international application designated the 
     United States and was published under Article 21(2) of such 
     treaty in the English language; or' ''.
       (2) Section 4507 is amended--
       (A) in paragraph (1), by striking ``Section 11'' and 
     inserting ``Section 10'';
       (B) in paragraph (2), by striking ``Section 12'' and 
     inserting ``Section 11''.
       (C) in paragraph (3), by striking ``Section 13'' and 
     inserting ``Section 12'';
       (D) in paragraph (4), by striking ``12 and 13'' and 
     inserting ``11 and 12'';
       (E) in section 374 of title 35, United States Code, as 
     amended by paragraph (10), by striking ``confer the same 
     rights and shall have the same effect under this title as an 
     application for patent published'' and inserting ``be deemed 
     a publication''; and
       (F) by adding at the end the following:
       ``(12) The item relating to section 374 in the table of 
     contents for chapter 37 of title 35, United States Code, is 
     amended to read as follows:

``374. Publication of international application.''.

       (3) Section 4508 is amended to read as follows:

[[Page 18481]]



     ``SEC. 4508. EFFECTIVE DATE.

       ``Except as otherwise provided in this section, sections 
     4502 through 4507, and the amendments made by such sections, 
     shall take effect on November 29, 2000, and shall apply only 
     to applications (including international applications 
     designating the United States) filed on or after that date. 
     The amendments made by sections 4504 and 4505 shall 
     additionally apply to any pending application filed before 
     November 29, 2000, if such pending application is published 
     pursuant to a request of the applicant under such procedures 
     as may be established by the Director. If an application is 
     filed on or after November 29, 2000, or is published pursuant 
     to a request from the applicant, and the application claims 
     the benefit of one or more prior-filed applications under 
     section 119(e), 120, or 365(c) of title 35, United States 
     Code, then the provisions of section 4505 shallapply to the 
     prior-filed application in determining the filing date in the 
     United States of the application.''.

     SEC. 7. MISCELLANEOUS CLERICAL AMENDMENTS.

       (a) Amendments to Title 35.--The following provisions of 
     title 35, United States Code, are amended:
       (1) Section 2(b) is amended in paragraphs (2)(B) and 
     (4)(B), by striking ``, United States Code''.
       (2) Section 3 is amended--
       (A) in subsection (a)(2)(B), by striking ``United States 
     Code,'';
       (B) in subsection (b)(2)--
       (i) in the first sentence of subparagraph (A), by striking 
     ``, United States Code'';
       (ii) in the first sentence of subparagraph (B)--

       (I) by striking ``United States Code,''; and
       (II) by striking ``, United States Code'';

       (iii) in the second sentence of subparagraph (B)--

       (I) by striking ``United States Code,''; and
       (II) by striking ``, United States Code.'' and inserting a 
     period;

       (iv) in the last sentence of subparagraph (B), by striking 
     ``, United States Code''; and
       (v) in subparagraph (C), by striking ``, United States 
     Code''; and
       (C) in subsection (c)--
       (i) in the subsection caption, by striking ``, United 
     States Code''; and
       (ii) by striking ``United States Code,''.
       (3) Section 5 is amended in subsections (e) and (g), by 
     striking ``, United States Code'' each place it appears.
       (4) The table of chapters for part I is amended in the item 
     relating to chapter 3, by striking ``before'' and inserting 
     ``Before''.
       (5) The item relating to section 21 in the table of 
     contents for chapter 2 is amended to read as follows:

``21. Filing date and day for taking action.''.

       (6) The item relating to chapter 12 in the table of 
     chapters for part II is amended to read as follows:

``12. Examination of Application.................................131''.

       (7) The item relating to section 116 in the table of 
     contents for chapter 11 is amended to read as follows:

``116. Inventors.''.

       (8) Section 154(b)(4) is amended by striking ``, United 
     States Code,''.
       (9) Section 156 is amended--
       (A) in subsection (b)(3)(B), by striking ``paragraphs'' and 
     inserting ``paragraph'';
       (B) in subsection (d)(2)(B)(i), by striking ``below the 
     office'' and inserting ``below the Office''; and
       (C) in subsection (g)(6)(B)(iii), by striking 
     ``submittted'' and inserting ``submitted''.
       (10) The item relating to section 183 in the table of 
     contents for chapter 17 is amended by striking ``of'' and 
     inserting ``to''.
       (11) Section 185 is amended by striking the second period 
     at the end of the section.
       (12) Section 201(a) is amended--
       (A) by striking ``United States Code,''; and
       (B) by striking ``5, United States Code.'' and inserting 
     ``5.''.
       (13) Section 202 is amended--
       (A) in subsection (b)(4), by striking ``last paragraph of 
     section 203(2)'' and inserting ``section 203(b)''; and
       (B) in subsection (c)--
       (i) in paragraph (4) by striking ``rights;'' and inserting 
     ``rights,''; and
       (ii) in paragraph (5) by striking ``of the United States 
     Code''.
       (14) Section 203 is amended--
       (A) in paragraph (2)--
       (i) by striking ``(2)'' and inserting ``(b)'';
       (ii) by striking the quotation marks and comma before ``as 
     appropriate''; and
       (iii) by striking ``paragraphs (a) and (c)'' and inserting 
     ``paragraphs (1) and (3) of subsection (a)''; and
       (B) in the first paragraph--
       (i) by striking ``(a)'', ``(b)'', ``(c)'', and (d)'' and 
     inserting ``(1)'', ``(2)'', ``(3)'', and (4)'', respectively; 
     and
       (ii) by striking ``(1.'' and inserting ``(a)''.
       (15) Section 209 is amended in subsections (a) and (f)(1), 
     by striking ``of the United States Code''.
       (16) Section 210 is amended--
       (A) in subsection (a)--
       (i) in paragraph (11), by striking ``5901'' and inserting 
     ``5908''; and
       (ii) in paragraph (20) by striking ``178(j)'' and inserting 
     ``178j''; and
       (B) in subsection (c)--
       (i) by striking ``paragraph 202(c)(4)'' and inserting 
     ``section 202(c)(4)''; and
       (ii) by striking ``title..'' and inserting ``title.''.
       (17) The item relating to chapter 29 in the table of 
     chapters for part III is amended by inserting a comma after 
     ``Patent''.
       (18) The item relating to section 256 in the table of 
     contents for chapter 25 is amended to read as follows:

``256. Correction of named inventor.''.

       (19) Section 294 is amended--
       (A) in subsection (b), by striking ``United States Code,''; 
     and
       (B) in subsection (c), in the second sentence by striking 
     ``court to'' and inserting ``court of''.
       (20)(A) The item relating to section 374 in the table of 
     contents for chapter 37 is amended to read as follows:

``374. Publication of international application.''.

       (B) The amendment made by subparagraph (A) shall take 
     effect on November 29, 2000.
       (21) Section 371(b) is amended by adding at the end a 
     period.
       (22) Section 371(d) is amended by adding at the end a 
     period.
       (23) Paragraphs (1), (2), and (3) of section 376(a) are 
     each amended by striking the semicolon and inserting a 
     period.
       (b) Other Amendments.--
       (1) Section 4732(a) of the Intellectual Property and 
     Communications Omnibus Reform Act of 1999 is amended--
       (A) in paragraph (9)(A)(ii), by inserting ``in subsection 
     (b),'' after ``(ii)''; and
       (B) in paragraph (10)(A), by inserting after ``title 35, 
     United States Code,'' the following: ``other than sections 1 
     through 6 (as amended by chapter 1 of this subtitle),''.
       (2) Section 4802(1) of that Act is amended by inserting 
     ``to'' before ``citizens''.
       (3) Section 4804 of that Act is amended--
       (A) in subsection (b), by striking ``11(a)'' and inserting 
     ``10(a)''; and
       (B) in subsection (c), by striking ``13'' and inserting 
     ``12''.
       (4) Section 4402(b)(1) of that Act is amended by striking 
     ``in the fourth paragraph''.

     SEC. 8. TECHNICAL CORRECTIONS IN TRADEMARK LAW.

       (a) Award of Damages.--Section 35(a) of the Act of July 5, 
     1946 (commonly referred to as the ``Trademark Act of 1946'') 
     (15 U.S.C. 1117(a)), is amended by striking ``a violation 
     under section 43(a), (c), or (d),'' and inserting ``a 
     violation under section 43(a) or (d),''.
       (b) Additional Technical Amendments.--The Trademark Act of 
     1946 is further amended as follows:
       (1) Section 1(d)(1) (15 U.S.C. 1051(d)(1)) is amended in 
     the first sentence by striking ``specifying the date of the 
     applicant's first use'' and all that follows through the end 
     of the sentence and inserting ``specifying the date of the 
     applicant's first use of the mark in commerce and those goods 
     or services specified in the notice of allowance on or in 
     connection with which the mark is used in commerce.''.
       (2) Section 1(e) (15 U.S.C. 1051(e)) is amended to read as 
     follows:
       ``(e) If the applicant is not domiciled in the United 
     States the applicant may designate, by a document filed in 
     the United States Patent and Trademark Office, the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark. Such notices or process may be served upon the person 
     so designated by leaving with that person or mailing to that 
     person a copy thereof at the address specified in the last 
     designation so filed. If the person so designated cannot be 
     found at the address given in the last designation, or if the 
     registrant does not designate by a document filed in the 
     United States Patent and Trademark Office the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark, such notices or process may be served on the 
     Commissioner.'';
       (3) Section 8(f) (15 U.S.C. 1058(f)) is amended to read as 
     follows:
       ``(f) If the registrant is not domiciled in the United 
     States, the registrant may designate, by a document filed in 
     the United States Patent and Trademark Office, the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark. Such notices or process may be served upon the person 
     so designated by leaving with that person or mailing to that 
     person a copy thereof at the address specified in the last 
     designation so filed. If the person so designated cannot be 
     found at the address given in the last designation, or if the 
     registrant does not designate by a document filed in the 
     United States Patent and Trademark Office the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark, such notices or process may be served on the 
     Commissioner.'';
       (4) Section 9(c) (15 U.S.C. 1059(c)) is amended to read as 
     follows:
       ``(c) If the registrant is not domiciled in the United 
     States the registrant may designate, by a document filed in 
     the United States Patent and Trademark Office, the name and 
     address of a person resident in the United States on whom may 
     be served notices or process in proceedings affecting the 
     mark. Such notices or process may be served

[[Page 18482]]

     upon the person so designated by leaving with that person or 
     mailing to that person a copy thereof at the address 
     specified in the last designation so filed. If the person so 
     designated cannot be found at the address given in the last 
     designation, or if the registrant does not designate by a 
     document filed in the United States Patent and Trademark 
     Office the name and address of a person resident in the 
     United States on whom may be served notices or process in 
     proceedings affecting the mark, such notices or process may 
     be served on the Commissioner.'';
       (5) Subsections (a) and (b) of section 10 (15 U.S.C. 
     1060(a) and (b)) are amended to read as follows:
       ``(a)(1) A registered mark or a mark for which an 
     application to register has been filed shall be assignable 
     with the good will of the business in which the mark is used, 
     or with that part of the good will of the business connected 
     with the use of and symbolized by the mark. Notwithstanding 
     the preceding sentence, no application to register a mark 
     under section 1(b) shall be assignable prior to the filing of 
     an amendment under section 1(c) to bring the application into 
     conformity with section 1(a) or the filing of the verified 
     statement of use under section 1(d), except for an assignment 
     to a successor to the business of the applicant, or portion 
     there of, to which the mark pertains, if that business is 
     ongoing and existing.
       ``(2) In any assignment authorized by this section, it 
     shall not be necessary to include the good will of the 
     business connected with the use of and symbolized by any 
     other mark used in the business or by the name or style under 
     which the business is conducted.
       ``(3) Assignments shall be by instruments in writing duly 
     executed. Acknowledgment shall be prima facie evidence of the 
     execution of an assignment, and when the prescribed 
     information reporting the assignment is recorded in the 
     United States Patent and Trademark Office, the record shall 
     be prima facie evidence of execution.
       ``(4) An assignment shall be void against any subsequent 
     purchaser for valuable consideration without notice, unless 
     the prescribed information reporting the assignment is 
     recorded in the United States Patent and Trademark Office 
     within 3 months after the date of the assignment or prior to 
     the subsequent purchase.
       ``(5) The United States Patent and Trademark Office shall 
     maintain a record of information on assignments, in such form 
     as may be prescribed by the Director.
       ``(b) An assignee not domiciled in the United States may 
     designate by a document filed in the United States Patent and 
     Trademark Office the name and address of a person resident in 
     the United States on whom may be served notices or process in 
     proceedings affecting the mark. Such notices or process may 
     be served upon the person so designated by leaving with that 
     person or mailing to that person a copy thereof at the 
     address specified in the last designation so filed. If the 
     person so designated cannot be found at the address given in 
     the last designation, or if the assignee does not designate 
     by a document filed in the United States Patent and Trademark 
     Office the name and address of a person resident in the 
     United States on whom may be served notices or process in 
     proceedings affecting the mark, such notices or process may 
     be served upon the Commissioner.'';
       (7) Section 23(c) (15 U.S.C. 1091(c)) is amended by 
     striking the second comma after ``numeral''.
       (8) Section 33(b)(8) (15 U.S.C. 1115(b)(8)) is amended by 
     aligning the text with paragraph (7).
       (9) Section 34(d)(1)(A) (15 U.S.C. 1116(d)(1)(A)) is 
     amended by striking ``section 110'' and all that follows 
     through ``(36 U.S.C. 380)'' and inserting ``section 220506 of 
     title 36, United States Code,''.
       (10) Section 34(d)(1)(B)(ii) (15 U.S.C. 1116(d)(1)(B)(ii)) 
     is amended by striking ``section 110'' and all that follows 
     through ``(36 U.S.C. 380)'' and inserting ``section 220506 of 
     title 36, United States Code''.
       (11) Section 34(d)(11) is amended by striking ``6621 of the 
     Internal Revenue Code of 1954'' and inserting ``6621(a)(2) of 
     the Internal Revenue Code of 1986''.
       (12) Section 35(b) (15 U.S.C. 1117(b)) is amended--
       (A) by striking ``section 110'' and all that follows 
     through ``(36 U.S.C. 380)'' and inserting ``section 220506 of 
     title 36, United States Code,''; and
       (B) by striking ``6621 of the Internal Revenue Code of 
     1954'' and inserting ``6621(a)(2) of the Internal Revenue 
     Code of 1986''.
       (13) Section 44(e) (15 U.S.C. 1126(e)) is amended by 
     striking ``a certification'' and inserting ``a true copy, a 
     photocopy, a certification,''.

     SEC. 9. ADDITIONAL CLERICAL AMENDMENT.

       The Patent and Trademark Fee Fairness Act of 1999 (113 
     Stat. 1537-546 et seq.), as enacted by section 1000(a)(9) of 
     Public Law 106-113, is amended in section 4203, by striking 
     ``111(a)'' and inserting ``1113(a)''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Coble) and the gentleman from California (Mr. 
Berman) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Coble).


                             General Leave

  Mr. COBLE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on H.R. 4870, the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 4870, the Intellectual 
Property Technical Amendments Act of 2000. As my colleagues may well 
know, the benefits of the modern economy and promise for future 
prosperity are strongly related to our intellectual property laws. We 
are relying upon the proper functioning of our country's patent and 
trademark systems. These laws are not a casual accident, but a result 
of constant refinement by the Congress.
  Last year, the Congress passed landmark patent reform in the American 
Inventors Protection Act in the final days of the session. As we all 
know in the hurly-burly to pass such a large bill, it is usually the 
case that there are often many oversights and errors which require a 
follow-up technical corrections bill.
  I am pleased to report that the bulk of today's bill is clerical and 
technical in nature. It removes semicolons, aligns paragraphs, and 
makes other housekeeping changes. It changes some titles of key offices 
at the PTO. It also includes some noncontroversial changes to make 
certain that reexamination and the status of patent applications go as 
anticipated.
  It advances the Congress' goal of making the PTO a more responsible 
government department. Most importantly, it preserves the protections 
for the American inventor that we designed and implemented last year.
  In closing, I am pleased that the efforts of the progress on H.R. 
4870 reunited me with my friend and colleague, the gentleman from 
California (Mr. Rohrabacher), who is a tireless advocate for the 
American innovator. Likewise, I want to extend my remarks and thanks to 
the ranking member, the gentleman from California (Mr. Berman), for his 
valuable assistance in preparing this bill for consideration. The 
Members will realize that a strong and well-functioning patent and 
trademark system plays an integral part in our economic prosperity, 
should feel confident that the legislation before us plays a small, 
however important, role in continuing our efforts.
  I urge all of my colleagues to support its passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BERMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to thank my good friend, the gentleman from North 
Carolina (Mr. Coble), for shepherding this bill forward. As the 
gentleman from North Carolina (Mr. Coble) indicated, last year Congress 
enacted substantial reforms to the patent system. After the enactment 
last year of the American Inventors Protection Act and the intervening 
months of implementation, it has become apparent that several minor 
adjustments to the law are needed. Most of the corrections within the 
manager's amendment and the underlying H.R. 4870, the Intellectual 
Property Technical Amendments Act, are truly technical, correcting 
punctuation and the like.
  There are some minor substantive changes that are needed to implement 
last year's legislation. H.R. 4870, as reported by the Committee on the 
Judiciary and the manager's amendment, address several such issues. I 
want to thank the legislative counsel's office and those at the Patent 
and Trademark Office and the patent and trademark communities who have 
assisted us in identifying the problems with this bill that it 
addresses, and I urge the body's vote for this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. COBLE. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Coble) that the House suspend the

[[Page 18483]]

rules and pass the bill, H.R. 4870, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________