Home > 106th Congressional Bills > H.R. 4870 (ih) To make technical corrections in patent, copyright, and trademark laws. [Introduced in House] ...

H.R. 4870 (ih) To make technical corrections in patent, copyright, and trademark laws. [Introduced in House] ...


Google
 
Web GovRecords.org


106th CONGRESS

  2d Session

                               H. R. 4870

_______________________________________________________________________

                                 AN ACT

To make technical corrections in patent, copyright, and trademark laws.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 4870

_______________________________________________________________________

                                 AN ACT


 
To make technical corrections in patent, copyright, and trademark laws.

    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--
            (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 

Pages: 1 2 3 Next >>

Other Popular 106th Congressional Bills Documents:

1 S. 2373 (is) To suspend temporarily the duty on Cibacron Scarlet LS-2GHC. [Introduced in Senate] ...
2 H.R. 3473 (ih) To amend the Omnibus Crime Control and Safe Streets Act of 1968 to restrict the transfer by local law enforcement agencies of certain firearms. [Introduced in House] ...
3 S. 324 (is) To amend the Controlled Substances Act with respect to registration requirements for practitioners who dispense narcotic drugs in schedule IV or V for maintenance treatment or detoxification treatment. [Introduced in Senate] ...
4 H.Con.Res. 241 (eh) [Engrossed in House] ...
5 H.R. 2113 (ih) To amend title I of the Employee Retirement Income Security Act of 1974 [Introduced in House] ...
6 H.Con.Res. 123 (ih) Commending the bravery and honor of the citizens of Remy, France, for their actions with respect to Lieutenant Houston Braly and to recognize the efforts of the 364th Fighter Group to raise funds to restore the stained glass windows of...
7 S. 3176 (is) To conduct a demonstration program to show that physician shortage, recruitment, and retention problems may be ameliorated in rural States by developing a comprehensive program that will result in statewide physician population growth. [Intro...
8 S. 2485 (is) To direct the Secretary of the Interior to provide assistance in planning and constructing a regional heritage center in Calais, Maine. [Introduced in Senate] ...
9 H.R. 4698 (ih) To amend the Congressional Budget Act of 1974 to authorize and direct the Director of the Congressional Budget Office to prepare estimates of the impact of proposed Federal agency rules affecting the private sector. [Introduced in House] %%...
10 S. 2686 (es) To amend chapter 36 of title 39, United States Code, to modify rates relating to reduced rate mail matter, and for other purposes. [Engrossed in Senate] ...
11 S.Res. 54 (is) Condemning the escalating violence, the gross violation of human rights and attacks against civilians, and the attempt to overthrow a democratically elected government in Sierra Leone. [Introduced in Senate] ...
12 S. 2732 (is) To ensure that all States participating in the National Boll Weevil Eradication Program are treated equitably. [Introduced in Senate] ...
13 H.R. 2296 (eh) To amend the Revised Organic Act of the Virgin Islands to provide that the number of members on the legislature of the Virgin Islands and the number of such members constituting a quorum shall be determined by the laws of the Virgin Islands...
14 S. 1018 (is) To provide for the appointment of additional Federal district judges in the State of North Carolina, and for other purposes. [Introduced in Senate] ...
15 H.R. 764 (eh) To reduce the incidence of child abuse and neglect, and for other purposes. [Engrossed in House] ...
16 S. 785 (rfh) For the relief of Francis Schochenmaier and Mary Hudson. [Referred in House] ...
17 S. 3181 (enr) To establish the White House Commission on the National Moment of Remembrance, and for other purposes. [Enrolled bill] ...
18 H.R. 1762 (ih) To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to expand the scope of the respite care program of the Department of Veterans Affairs. [Introduced in House] ...
19 S. 1902 (is) To require disclosure under the Freedom of Information Act regarding [Introduced in Senate] ...
20 H.Con.Res. 269 (rs) Commending the Library of Congress and its staff for 200 years of outstanding service to the Congress and the Nation and encouraging the American public to participate in bicentennial activities. [Reported in Senate] ...
21 H.R. 2140 (ih) To improve protection and management of the Chattahoochee River National Recreation Area in the State of Georgia. [Introduced in House] ...
22 H.R. 3615 (ih) To amend the Rural Electrification Act of 1936 to ensure improved access to the signals of local television stations by multichannel video providers to all households which desire such service in unserved and underserved rural areas by Dece...
23 S. 2071 (is) To benefit electricity consumers by promoting the reliability of the bulk-power system. [Introduced in Senate] ...
24 S. 1382 (is) To amend the Public Health Service Act to make grants to carry out certain activities toward promoting adoption counseling, and for other purposes. [Introduced in Senate] ...
25 H.R. 4090 (ih) To authorize appropriations for the Individuals with Disabilities Education Act to achieve full funding in fiscal year 2001 and fiscal year 2002, and for other purposes. [Introduced in House] ...
26 H.R. 1329 (ih) To amend the Internal Revenue Code of 1986 to provide that tips received for certain services shall not be subject to income or employment taxes. [Introduced in House] ...
27 S. 101 (is) To promote trade in United States agricultural commodities, livestock, and value-added products, and to prepare for future bilateral and multilateral trade negotiations. [Introduced in Senate] ...
28 S. 1653 (is) To reauthorize and amend the National Fish and Wildlife Foundation Establishment Act. [Introduced in Senate] ...
29 H.R. 2473 (ih) To suspend temporarily the duty on dichloro aniline (DCA). [Introduced in House] ...
30 S. 1802 (is) To suspend temporarily the duty on instant print film. [Introduced in Senate] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy