Home > 107th Congressional Bills > S. 320 (rh) To make technical corrections in patent, copyright, and trademark laws. [Reported in House] ...

S. 320 (rh) To make technical corrections in patent, copyright, and trademark laws. [Reported in House] ...


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                                                        Calendar No. 13
107th CONGRESS
  1st Session
                                 S. 320

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2001

 Mr. Hatch (for himself and Mr. Leahy) introduced the following bill; 
        which was read twice and ordered placed on the calendar

_______________________________________________________________________

                                 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 and High 
Technology Technical Amendments Act of 2001''.

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
            (iv) 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 
        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 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 

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