[Congressional Record (Bound Edition), Volume 147 (2001), Part 3]
[House]
[Pages 3587-3591]
[From the U.S. Government Publishing Office, www.gpo.gov]



 INTELLECTUAL PROPERTY AND HIGH TECHNOLOGY TECHNICAL AMENDMENTS ACT OF 
                                  2001

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the Senate bill (S. 320) to make technical corrections in patent, 
copyright, and trademark laws, as amended.
  The Clerk read as follows:

                                 S. 320

       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 and 
     High Technology Technical Amendments Act of 2001''.

     SEC. 2. OFFICERS AND EMPLOYEES.

       (a) Renaming of Officers.--(1)(A) Except as provided in 
     subparagraph (B), title 35, United States Code, other than 
     section 210(d), is amended--
       (i) by striking ``Director'' each place it appears and 
     inserting ``Commissioner''; and
       (ii) by striking ``Director's'' each place it appears and 
     inserting ``Commissioner's''.
       (B) Section 3(b)(5) of title 35, United States Code, is 
     amended by striking ``Director'' the first place it appears 
     and inserting ``Commissioner''.
       (C) Section 3(a) of title 35, United States Code, is 
     amended in the subsection heading, by striking ``Director'' 
     and inserting ``Commissioner''.
       (D) Section 3(b)(1) of title 35, United States Code, is 
     amended in the paragraph heading, by striking ``director'' 
     and inserting ``commissioner''.
       (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, other than subsection 
     (f) of section 3, is amended by striking ``Commissioner for 
     Patents'' each place it appears and inserting ``Assistant 
     Commissioner for Patents''.
       (B) Title 35, United States Code, other than subsection (f) 
     of section 3, is amended by striking ``Commissioner for 
     Trademarks'' each place

[[Page 3588]]

     it appears and inserting ``Assistant Commissioner for 
     Trademarks''.
       (C) 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
       (iv) in subparagraph (C), by striking ``Commissioners'' and 
     inserting ``Assistant Commissioners''.
       (D) Section 3(f) of title 35, United States Code, is 
     amended in subparagraphs (A) and (B) of paragraph (2)--
       (i) by striking ``the Commissioner'' each place it appears 
     and inserting ``the Assistant Commissioner''; and
       (ii) by striking ``a Commissioner'' each place it appears 
     and inserting ``an Assistant Commissioner''.
       (E) Section 13 of title 35, United States Code, is 
     amended--
       (i) by striking ``Commissioner of'' each place it appears 
     and inserting ``Assistant Commissioner for''; and
       (ii) by striking ``Commissioners'' and inserting 
     ``Assistant Commissioners''.
       (F) 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''.
       (G) Section 297 of title 35, United States Code, is amended 
     by striking ``Commissioner of Patents'' each place it appears 
     and inserting ``Commissioner''.
       (4) 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.''.
       (5) Section 5315 of title 5, United States Code, is amended 
     by striking
       ``Deputy Under Secretary of Commerce for Intellectual 
     Property and Deputy Director of the United States Patent and 
     Trademark Office.''
     and inserting
       ``Deputy Under Secretary of Commerce for Intellectual 
     Property and Deputy Commissioner of the United States Patent 
     and Trademark Office.''.
       (6)(A) Sections 303 and 304 of title 35, United States 
     Code, are each amended in the section headings by striking 
     ``Director'' and inserting ``Commissioner''.
       (B) The items relating to sections 303 and 304 in the table 
     of sections for chapter 30 of title 35, United States Code, 
     are each amended by striking ``Director'' and inserting 
     ``Commissioner''.
       (7)(A) Sections 312 and 313 of title 35, United States 
     Code, are each amended in the section headings by striking 
     ``Director'' and inserting ``Commissioner''.
       (B) The items relating to sections 312 and 313 in the table 
     of sections for chapter 31 of title 35, United States Code, 
     are each amended by striking ``Director'' and inserting 
     ``Commissioner''.
       (8) Section 17(b) of the Trademark Act of 1946 (15 U.S.C. 
     1067) is amended by striking ``Commissioner for Patents, the 
     Commissioner for Trademarks'' and inserting ``Assistant 
     Commissioner for Patents, the Assistant Commissioner for 
     Trademarks''.
       (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)), the last place 
     such term appears.
       (L) Section 10(i) of the Trading with the Enemy Act (50 
     U.S.C. App. 10(i)).
       (M) Sections 4203, 4506, 4606, and 4804(d)(2) 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) in subsection (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, as enacted by 
     section 1000(a)(9) of Public Law 106-113, 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:

[[Page 3589]]

       (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 
     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:

     ``SEC. 4508. EFFECTIVE DATE.

       ``Except as otherwise provided in this section, sections 
     4502 through 4507, and the amendments made by such sections, 
     shall be effective as of 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 Commissioner. 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 amendment made by section 4505 shall 
     apply 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 (d)(2) and (f), 
     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) Section 371(b) is amended by adding at the end a 
     period.
       (21) Section 371(d) is amended by adding at the end a 
     period.
       (22) 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

[[Page 3590]]

     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 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 
     thereof, 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 Commissioner.
       ``(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.''.
       (6) Section 23(c) (15 U.S.C. 1091(c)) is amended by 
     striking the second comma after ``numeral''.
       (7) Section 33(b)(8) (15 U.S.C. 1115(b)(8)) is amended by 
     aligning the text with paragraph (7).
       (8) 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,''.
       (9) 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''.
       (10) 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''.
       (11) 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''.
       (12) 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. PATENT AND TRADEMARK FEE 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)''.

     SEC. 10. COPYRIGHT RELATED CORRECTIONS TO 1999 OMNIBUS REFORM 
                   ACT.

       Title I 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 1007 is amended--
       (A) in paragraph (2), by striking ``paragraph (2)'' and 
     inserting ``paragraph (2)(A)''; and
       (B) in paragraph (3), by striking ``1005(e)'' and inserting 
     ``1005(d)''.
       (2) Section 1006(b) is amended by striking 
     ``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''.
       (3)(A) Section 1006(a) is amended--
       (i) in paragraph (1), by adding ``and'' after the 
     semicolon;
       (ii) by striking paragraph (2); and
       (iii) by redesignating paragraph (3) as paragraph (2).
       (B) Section 1011(b)(2)(A) is amended to read as follows:
       ``(A) in paragraph (1), by striking `primary transmission 
     made by a superstation and embodying a performance or display 
     of a work' and inserting `performance or display of a work 
     embodied in a primary transmission made by a superstation or 
     by the Public Broadcasting Service satellite feed';''.

     SEC. 11. AMENDMENTS TO TITLE 17, UNITED STATES CODE.

       Title 17, United States Code, is amended as follows:
       (1) Section 119(a)(6) is amended by striking ``of 
     performance'' and inserting ``of a performance''.
       (2)(A) The section heading for section 122 is amended by 
     striking ``rights; secondary'' and inserting ``rights: 
     Secondary''.
       (B) The item relating to section 122 in the table of 
     contents for chapter 1 is amended to read as follows:

``122. Limitations on exclusive rights: Secondary transmissions by 
              satellite carriers within local markets.''.

       (3)(A) The section heading for section 121 is amended by 
     striking ``reproduction'' and inserting ``Reproduction''.
       (B) The item relating to section 121 in the table of 
     contents for chapter 1 is amended by striking 
     ``reproduction'' and inserting ``Reproduction''.
       (4)(A) Section 106 is amended by striking ``107 through 
     121'' and inserting ``107 through 122''.
       (B) Section 501(a) is amended by striking ``106 through 
     121'' and inserting ``106 through 122''.
       (C) Section 511(a) is amended by striking ``106 through 
     121'' and inserting ``106 through 122''.
       (5) Section 101 is amended--
       (A) by moving the definition of ``computer program'' so 
     that it appears after the definition of ``compilation''; and
       (B) by moving the definition of ``registration'' so that it 
     appears after the definition of ``publicly''.
       (6) Section 110(4)(B) is amended in the matter preceding 
     clause (i) by striking ``conditions;'' and inserting 
     ``conditions:''.
       (7) Section 118(b)(1) is amended in the second sentence by 
     striking ``to it''.
       (8) Section 119(b)(1)(A) is amended--
       (A) by striking ``transmitted'' and inserting 
     ``retransmitted''; and
       (B) by striking ``transmissions'' and inserting 
     ``retransmissions''.
       (9) Section 203(a)(2) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``(A) the'' and inserting ``(A) The''; and
       (ii) by striking the semicolon at the end and inserting a 
     period;
       (B) in subparagraph (B)--
       (i) by striking ``(B) the'' and inserting ``(B) The''; and
       (ii) by striking the semicolon at the end and inserting a 
     period; and
       (C) in subparagraph (C), by striking ``(C) the'' and 
     inserting ``(C) The''.
       (10) Section 304(c)(2) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``(A) the'' and inserting ``(A) The''; and
       (ii) by striking the semicolon at the end and inserting a 
     period;
       (B) in subparagraph (B)--
       (i) by striking ``(B) the'' and inserting ``(B) The''; and
       (ii) by striking the semicolon at the end and inserting a 
     period; and
       (C) in subparagraph (C), by striking ``(C) the'' and 
     inserting ``(C) The''.
       (11) The item relating to section 903 in the table of 
     contents for chapter 9 is amended by striking ``licensure'' 
     and inserting ``licensing''.

     SEC. 12. OTHER COPYRIGHT RELATED TECHNICAL AMENDMENTS.

       (a) Amendment to Title 18.--Section 2319(e)(2) of title 18, 
     United States Code, is amended by striking ``107 through 
     120'' and inserting ``107 through 122''.
       (b) Standard Reference Data.--(1) Section 105(f) of Public 
     Law 94-553 is amended by striking ``section 290(e) of title 
     15'' and inserting

[[Page 3591]]

     ``section 6 of the Standard Reference Data Act (15 U.S.C. 
     290e)''.
       (2) Section 6(a) of the Standard Reference Data Act (15 
     U.S.C. 290e) is amended by striking ``Notwithstanding'' and 
     all that follows through ``United States Code,'' and 
     inserting ``Notwithstanding the limitations under section 105 
     of title 17, United States Code,''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr. 
Conyers) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, Senate bill 320 consists of noncontroversial, technical 
amendments to the patent, trademark, and copyright laws. This bill 
corrects clerical and other technical drafting errors, and makes 
important clarifications in the American Inventors Protection Act which 
was enacted into law during the 106th Congress.
  It also makes technical changes to title I of the Intellectual 
Property and Communications Omnibus Reform Act of 1999, title 17, and 
other copyright and related technical amendments.
  On February 14, 2001, S. 320 passed the other body by a recorded vote 
of 98 to 0. However, upon further review, drafting errors were 
discovered in the bill. The Committee on the Judiciary adopted an 
amendment in the nature of a substitute which corrected the drafting 
errors. The amendment and S. 320, as amended, were unanimously agreed 
to by voice vote in the committee.
  These are important and necessary amendments to our intellectual 
property laws, and I urge Members to support S. 320.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of the amendment, and so do all of the 
Members on our side. This is noncontroversial. We support the 
chairman's description.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman 
from North Carolina (Mr. Coble).
  Mr. COBLE. Mr. Speaker, I thank the gentleman for yielding time to 
me. I will be very brief.
  Mr. Speaker, as the gentleman from Wisconsin stated, S. 320 consists 
of noncontroversial technical amendments to the patent, trademark, and 
copyright laws. They are important improvements.
  I want to thank my friend, the distinguished gentleman from 
California (Mr. Berman), the ranking member on the subcommittee, for 
his work, as well, on this bill, both in the 106th Congress and the 
107th Congress. I also want to thank the gentleman from Wisconsin 
(Chairman Sensenbrenner) for expeditiously moving this legislation 
along, because it is important. I urge my colleagues to support S. 320.
  Mr. BERMAN. Mr. Speaker, I rise in support of S. 320.
  This bill, as amended by the Judiciary Committee last week, is 
comprised of language from two bills, H.R. 4870 and H.R. 5106, that the 
House passed by voice vote on suspension last year. As were those bills 
last year, the current version of S. 320 is wholly non-controversial 
and technical. It makes technical changes to patent, trademark, and 
copyright law and streamlines the operations of the PTO and Copyright 
Office.
  As amended, S. 320 will do such things as change the title of the 
head of the PTO from ``Director'' to ``Commissioner.'' It will also 
harmonize capitalizations, alphabetize definition sections, and correct 
punctuation.
  I urge my colleagues to vote in favor of this bill.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the 
rules and pass the Senate bill, S. 320, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

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