Home > 106th Congressional Bills > H.R. 4871 (eh) Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 2001, and for other purposes. [Engrossed...H.R. 4871 (eh) Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 2001, and for other purposes. [Engrossed...
Union Calendar No. 508
106th CONGRESS
2d Session
H. R. 4870
[Report No. 106-853]
To make technical corrections in patent, copyright, and trademark laws.
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IN THE HOUSE OF REPRESENTATIVES
July 18, 2000
Mr. Coble (for himself and Mr. Berman) introduced the following bill;
which was referred to the Committee on the Judiciary
September 14, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
18, 2000]
_______________________________________________________________________
A BILL
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) Title 35, United States Code, is amended by striking
``Commissioner for Patents'' each place it appears and inserting
``Assistant Commissioner for Patents''.
(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.''
(b) 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. ADJUSTMENT OF TRADEMARK FEES.
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, is amended by striking ``Director'' and inserting
``Commissioner''.
SEC. 4. OPTIONAL INTER PARTES 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.--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''.
(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. 5. PATENT AND TRADEMARK EFFICIENCY ACT AMENDMENTS.
(a) Deputy Director.--
(1) 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.''.
(2) 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,''.
(3) 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 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) Chief Financial Officer.--Section 901(b)(2) of title 31, United
States Code, is amended by adding at the end the following new
subparagraph:
``(I) The United States Patent and Trademark Office.''.
(d) 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. 6. 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. 7. 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:
``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 shall apply to the prior-filed
application in determining the filing date in the United States of the
application.''.
SEC. 8. 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''.
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