Summary: Online Protection and Enforcement of Digital Trade Act or OPEN Act - Amends the Tariff Act of 1930 to establish a violation for operating or maintaining an Internet site dedicated to infringing activity (ISDIA). Defines ISDIA as an Internet site that is accessed through a nondomestic domain name, conducts business directed to U.S. residents, has only limited purpose or use other than engaging in infringing activity, and whose owner or operator primarily uses the site to: (1) willfully commit specified criminal copyright offenses or circumvent technological measures controlling access to protected work, or (2) use counterfeit trademarks in a manner punishable under specified provisions of the Lanham Act. Defines a “nondomestic domain name” as a domain name for which the domain name registry that issued the domain name and operates the relevant top level domain, the domain name registrar for the domain name, and the owner and the operator of the Internet site associated with the domain name, are not located in the United States. Sets forth procedures under which the U.S. International Trade Commission (USITC) is: (1) authorized to investigate alleged violations of this Act on its own initiative, or (2) required to investigate any such alleged violation upon receiving a complaint by the owner of a copyright or trademark that is the subject of the infringing activity. Directs the USITC to terminate, or not initiate, an investigation with respect to a complaint if it has reason to believe, based on information before the USITC, that the domain name associated with the Internet site is not a nondomestic domain name. Requires that such matters be referred to the Attorney General (AG) for further proceedings as the AG determines appropriate. Directs the USITC to terminate, or not initiate, an investigation with respect to a domain name if the operator of the Internet site associated with the domain name provides in a legal notice on the site: (1) contact information of a person authorized to receive service of process, and (2) consent to jurisdiction and venue of the U.S. district courts and acceptance of service of process from the AG with respect to specified criminal copyright and trafficking in counterfeit goods or services offenses and violations. Conditions such termination or non-initiation on the operator also accepting service and waiving objections to jurisdiction in the event of the filing of a civil action in the appropriate U.S. district court based on copyright infringement, circumvention of copyright protection systems, or the use or reproduction of counterfeit registered marks in commerce. Requires complainants to identify any financial transaction provider or Internet advertising service that may be required to take specified measures upon receiving a copy of a USITC order with respect to an ISDIA. Directs the USITC to submit ISDIA violation determinations to the President along with any order issued pursuant to the determination. Requires that the determination and order shall cease to have force or effect if the President disapproves of the determination for policy reasons and notifies the USITC. Authorizes the USITC to: (1) issue a cease and desist order against an Internet site (and its owner and operator) determined to be an ISDIA operated or maintained in violation of this Act, and (2) permit complainants to serve a copy of the order on financial transaction providers and Internet advertising services supplying services to the site. Requires, upon receiving a copy of such an order and subject to specified limitations: (1) a financial transaction provider to take reasonable measures designed to prevent or prohibit the completion of payment transactions by the provider that involve customers located in the United States and the ISDIA, and (2) an Internet advertising service to take technically feasible measures intended to cease serving advertisements to the ISDIA in situations in which the service would directly share revenues generated by the advertisements with the ISDIA operator. Provides immunity from liability and civil suits to financial transaction providers and Internet advertising services for certain actions designed to comply with such an order. Allows the AG to bring an action for injunctive relief against: (1) any person subject to such a cease and desist order, or (2) a financial transaction provider or Internet advertising service on which an order is served that knowingly and willfully fails to comply with the order. Permits a defendant to establish an affirmative defense by showing that it does not have the technical means to comply without incurring an unreasonable economic burden or that the order is inconsistent with this Act. Authorizes a financial transaction provider or Internet advertising service, acting in good faith and based on credible evidence, to cease or refuse to provide services to an Internet site the provider or service determines to be an Internet site that endangers the public health. Defines an “Internet site that endangers the public health” as an Internet site that is primarily designed or operated for the purpose of, has only limited purpose or use other than, or is marketed by its operator or another person acting in concert with that operator for use in offering, selling, dispensing, or distributing any prescription medication, and does so regularly without a valid prescription. Authorizes the USITC to appoint hearing officers for specified proceedings. Authorizes the Secretary of Homeland Security (DHS), if the Commissioner responsible for U.S. Customs and Border Protection suspects that imported merchandise violates provisions of the Lanham Act prohibiting the importation of goods bearing infringing marks or names, to share with the holder of the trademark suspected of being infringed for purposes of determining whether such a violation is occurring: (1) information about the merchandise, packaging, or labels; or (2) unredacted samples or photographs of such items. Authorizes the Secretary to notify the appropriate copyright owner if the Commissioner seizes merchandise suspected of being imported into the United States in violation of federal copyright laws prohibiting persons from manufacturing, importing, offering to the public, providing, or otherwise trafficking products or services that circumvent: (1) a technological measure that controls access to a protected work, or (2) protection afforded by a technological measure that protects a right of a copyright owner. Directs the USITC to prescribe regulatory: (1) procedures for receiving information from the public about ISDIAs, and (2) guidance to rights holders on initiating investigations under this Act.

online protection enforcement digital trade act open act_-_amends tariff act establish violation operating maintaining internet site dedicated infringing activity defines internet site accessed nondomestic domain conducts business directed residents limited purpose use engaging infringing activity owner operator primarily uses site willfully commit specified criminal copyright offenses circumvent technological measures controlling access protected work use counterfeit trademarks manner punishable specified provisions act defines nondomestic domain domain domain registry issued domain operates relevant level domain domain registrar domain owner operator internet site associated domain located united_states sets forth procedures international_trade_commission usitc authorized investigate alleged violations act initiative required investigate alleged violation receiving complaint owner copyright trademark subject infringing activity directs usitc terminate initiate investigation respect complaint reason believe based information usitc domain associated internet site nondomestic domain requires matters referred attorney general proceedings determines appropriate directs usitc terminate initiate investigation respect domain operator internet site associated domain provides legal notice site contact information person authorized receive service process consent jurisdiction venue district_courts acceptance service process respect specified criminal copyright trafficking counterfeit goods services offenses violations conditions termination non initiation operator accepting service waiving objections jurisdiction event filing civil action appropriate district_court based copyright infringement circumvention copyright protection systems use reproduction counterfeit registered marks commerce requires identify financial transaction provider internet advertising service required specified measures receiving copy usitc order respect directs usitc submit violation determinations president order issued pursuant determination requires determination order shall cease force effect president disapproves determination policy reasons notifies usitc authorizes usitc issue cease desist order internet site owner operator determined operated maintained violation act permit serve copy order financial transaction providers internet advertising services supplying services site requires receiving copy order subject specified limitations financial transaction provider reasonable measures designed prevent prohibit completion payment transactions provider involve customers located united_states internet advertising service technically feasible measures intended cease serving advertisements situations service directly share revenues generated advertisements operator provides immunity liability civil suits financial transaction providers internet advertising services certain actions designed comply order allows bring action injunctive relief person subject cease desist order financial transaction provider internet advertising service order served knowingly willfully fails comply order permits defendant establish affirmative defense showing technical means comply incurring unreasonable economic burden order inconsistent act authorizes financial transaction provider internet advertising service acting good faith based credible evidence cease refuse provide services internet site provider service determines internet site endangers public health defines internet site endangers public health internet site primarily designed operated purpose limited purpose use marketed operator person acting concert operator use offering selling dispensing distributing prescription medication regularly valid prescription authorizes usitc appoint hearing officers specified proceedings authorizes secretary homeland_security dhs commissioner responsible customs border_protection suspects imported merchandise violates provisions act prohibiting importation goods bearing infringing marks names share holder trademark suspected infringed purposes determining violation occurring information merchandise packaging labels samples photographs items authorizes secretary notify appropriate copyright owner commissioner merchandise suspected imported united_states violation federal copyright laws prohibiting persons manufacturing importing offering public providing trafficking products services circumvent technological measure controls access protected work protection afforded technological measure protects right copyright owner directs usitc prescribe regulatory procedures receiving information public guidance rights holders initiating investigations act


Summary: Promoting Automotive Repair, Trade, and Sales Act or the PARTS Act - Makes it not an act of infringement, with respect to a design patent that claims a component part of a motor vehicle as originally manufactured, to: (1) make, test, or offer to sell within the United States, or import into the United States, any article of manufacture that is similar or the same in appearance to the component part claimed in such design patent if the purpose of such article is for the repair of a motor vehicle to restore its appearance to as originally manufactured; and (2) use or sell within the United States any such same or similar articles for such restorations more than 30 months after the claimed component part is first offered for public sale as part of a motor vehicle in any country. Specifies that an offer to sell includes any marketing of an article of manufacture to prospective purchasers or users and any pre-sale distribution. Applies this Act to any patent issued, or application filed, before, on, or after the effective date of this Act.

promoting automotive repair trade sales act parts act makes act infringement respect design patent claims component motor vehicle originally manufactured test offer sell united_states import united_states article manufacture similar appearance component claimed design patent purpose article repair motor vehicle restore appearance originally manufactured use sell united_states similar articles months claimed component offered public sale motor vehicle country specifies offer sell includes marketing article manufacture prospective purchasers users pre sale distribution applies act patent issued application filed effective date act


Summary: Amends the federal criminal code to exempt the Secretary of Homeland Security (DHS) from disclosure of confidential information violations when the Secretary shares certain information and materials with intellectual property rights owners for purposes of determining whether semiconductor chip products are being imported into the United States in violation of Lanham Act provisions that prohibit infringing trademarks on imported articles or in violation of any of the exclusive rights of the owner of a mask work under the Semiconductor Chip Protection Act of 1984. Authorizes the Secretary, upon presentation of such products, to: (1) share with the holder of the registered mark or the owner of the mask work information on the semiconductor chip products and their packaging and labels, including unredacted photographs or digital images of such products, packaging, and labels; and (2) supply unredacted samples of such products to such holder of the registered mark or owner of the mask work at any time, subject to bonding requirements. Requires the Secretary, upon detention of such products, to share such product information and unredacted photographs or images with the registered mark holder or mask work owner. Sets forth exceptions for cases that would compromise ongoing law enforcement investigations or national security.

amends federal criminal code exempt secretary homeland_security dhs disclosure confidential information violations secretary shares certain information materials intellectual property rights owners purposes determining chip products imported united_states violation act provisions prohibit infringing trademarks imported articles violation exclusive rights owner work chip protection act authorizes secretary presentation products share holder registered mark owner work information chip products packaging labels including photographs digital images products packaging labels supply samples products holder registered mark owner work time subject bonding requirements requires secretary detention products share product information photographs images registered mark holder work owner sets forth exceptions cases compromise ongoing law enforcement investigations national security


Summary: (This measure has not been amended since it was passed by the House on September 11, 2012. The summary of that version is repeated here.) Amends the Trademark Act of 1946 to specify that ownership of a valid federal registration of a mark is a complete bar to an action with respect to the mark that: (1) is brought by another person under the common law or a statute of a state; and (2) seeks to prevent dilution (by blurring or by tarnishment) or asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement. (Removes any such federal-registration defense with respect to dilution claims under federal law and specifies that such a defense is only available in response to dilution claims under state law.)

measure amended passed house september summary version repeated amends trademark act specify ownership valid federal registration mark complete bar action respect mark brought person common law statute state seeks prevent asserts claim actual likely damage harm reputation mark label form advertisement removes federal registration defense respect claims federal law specifies defense available response claims state law


Summary: Saving High-Tech Innovators from Egregious Legal Disputes Act of 2012 - Amends federal patent law to allow a court, upon finding that a party does not have a reasonable likelihood of succeeding in an action disputing the validity or alleging infringement of a computer hardware or software patent, to award the recovery of full litigation costs to the prevailing party, including reasonable attorney's fees, other than the United States.

saving high tech innovators egregious legal disputes act amends federal patent law allow court finding party reasonable likelihood succeeding action validity alleging infringement computer hardware software patent award recovery litigation costs prevailing party including reasonable attorney fees united_states


Summary: Manufacturing American Innovation Act of 2012 - Amends the Internal Revenue Code to allow a taxpayer to elect a tax deduction for an amount equal to 71% of the lesser of: (1) the taxpayer's patent box profit, or (2 the taxpayer's taxable income for the taxable year. Defines "patent box profit" to include gross receipts derived from the sale, lease, license, or or other disposition of qualified patent property in the course of a U.S. trade or business over the sum of the taxpayer's cost of goods sold allocable to patent gross receipts, other expenses, losses, or deductions, including research and development expenditures, allocable to such receipts, plus routine profit. Defines "qualified patent" to include a patent issued or extended by, or for which an application is pending before, the United States Patent and Trademark Office (USPTO). Sets forth rules for the application of the patent box profit deduction to pass-thru entities, including partnerships and S corporations, trusts and estates, and agricultural and horticultural cooperatives.

manufacturing american innovation_act amends_the_internal_revenue_code allow taxpayer elect tax deduction equal lesser taxpayer patent box profit taxpayer taxable income taxable year defines patent box profit include gross receipts derived sale lease license disposition qualified patent property course trade business sum taxpayer cost goods sold allocable patent gross receipts expenses losses deductions including research development expenditures allocable receipts plus routine profit defines qualified patent include patent issued extended application pending united_states patent trademark_office uspto sets forth rules application patent box profit deduction pass entities including partnerships corporations trusts estates agricultural cooperatives


Summary: Patent Law Treaties Implementation Act of 2012 - Amends federal patent law to implement the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs and the Patent Law Treaty. (Both treaties were ratified by the Senate on December 7, 2007.) Allows any person who is a U.S. national, or has a domicile, habitual residence, or real and effective industrial or commercial establishment in the United States, to file an international design application for international registration with the U.S. Patent and Trademark Office (USPTO) (thereby enabling U.S. applicants to file a single application with USPTO instead of separate applications in multiple countries). Directs the USPTO to transmit international fees and forward international design applications to the international intergovernmental coordinating body. Requires an international design application on an industrial design made in the United States to constitute the filing of an application in a foreign country if such application is filed: (1) in a country other than the United States, (2) at the international intergovernmental coordinating body recognized under the Hague Agreement, or (3) with an intergovernmental organization. Sets forth the priorities of national and prior foreign and national applications. Standardizes application procedures to be consistent with other member countries. Extends the term for design patents from 14 to 15 years from the date of grant.

patent law treaties implementation act amends federal patent law implement geneva act agreement concerning international registration industrial designs patent law treaty treaties ratified senate december allows person national domicile habitual residence real effective industrial commercial establishment united_states file international design application international registration patent trademark_office uspto enabling applicants file single application uspto instead separate applications multiple countries directs uspto transmit international fees forward international design applications international intergovernmental coordinating body requires international design application industrial design united_states constitute filing application foreign country application filed country united_states international intergovernmental coordinating body recognized agreement intergovernmental organization sets forth priorities national prior foreign national applications application procedures consistent member countries extends term design patents years date grant


Summary: Internet Radio Fairness Act of 2012 - Amends federal copyright law to direct the President, with advice and consent of the Senate, to appoint the three Copyright Royalty Judges (CRJs) who serve on the Copyright Royalty Board. (Currently, the Librarian of Congress appoints CRJs after consultation with the Register of Copyrights.) Increases the years of legal experience and other qualifications necessary to serve as a CRJ. Amends the Digital Millennium Copyright Act with respect to the standards applied by CRJs to establish compulsory licensing royalty rates for the public performance of sound recordings by noninteractive digital audio services. Replaces the standard that CRJs apply to establish rates for eligible nonsubscription transmissions (including Internet radio, commonly referred to as webcasting) and new subscription services with the standard currently used to establish rates for subscription services (digital cable radio) and satellite digital audio radio services (satellite radio) existing on or before July 31, 1998. (Replaces a standard based on the rates and terms that would have been negotiated in the marketplace between a willing buyer and seller with a standard that requires CRJs to consider a broader set of objectives.) Authorizes a minimum annual administrative fee of up to $500 to be included in such rates. Sets forth a similar rate-setting methodology for compulsory licenses of ephemeral recordings (reproductions of sound recordings used by licensees to facilitate transmission) with authorization for a minimum annual fee (currently, a requirement for a fee of unspecified duration). Places the burden of proof on sound recording copyright owners to establish that the fees and terms they are seeking satisfy the requirements amended by this Act and do not exceed the fees to which most copyright owners and users would agree under competitive market circumstances. Defines "competitive market circumstances" as circumstances in which a licensee enters into a license for the noninteractive performance of sound recordings with a licensor that does not possess market power resulting from the aggregation of copyrights, either by a licensing collective or individual copyright owners. Directs CRJs to consider: (1) the public's interest in both the creation of new sound recordings of musical works and in fostering online and other digital performances of sound recordings; (2) the income necessary to provide a reasonable return on all relevant investments, including investments in prior periods for which returns have not been earned; (3) the value of any promotional benefit or other non-monetary benefit conferred on the copyright owner by the performance; and (4) the contributions made by the digital audio transmission service to the content and value of its programming. Requires CRJs to establish license fee structures that foster competition among the licensors of sound recording performances and between sound recording performances and other programming. Prohibits CRJs from: (1) disfavoring percentage of revenue-based fees, and (2) taking into account the rates and terms in licenses for interactive services or the determinations rendered by CRJs prior to the enactment of the this Act. Permits certain transmitting organizations entitled to transmit a performance to the public to make more than one (currently, no more than one) copy or phonorecord embodying a performance or display of a work for its own transmissions, archival preservation, or security. (Removes a requirement that such a copy or phonorecord be destroyed within six months from the first transmission to the public unless preserved exclusively for archival purposes.) Sets forth limitations on the antitrust exemptions for sound recording copyright owners acting jointly or through common agents or collectives. Specifies activities to be deemed a restraint of trade in violation of the Sherman Act. Requires common agents or collectives representing copyright owners of sound recordings, in order to obtain authority to negotiate certain statutory licenses for digital sound recordings, to make available via the Internet the list of sound recording copyright owners represented and sound recordings licensed by the organization. Revises evidentiary, procedural, and judicial review standards applicable to CRJs' proceedings and determinations. Requires, in proceedings to determine the terms and rates of royalty payments for digital performances of sound recordings, that participants in the voluntary negotiation period disclose: (1) previous license agreements entered into by the participant, its members, or participant-represented licensors or licensees during a specified preceding five-year period; or (2) other documents relied upon in their ratemaking proposals. Directs the Librarian of Congress to submit recommendations to Congress on how the federal government can facilitate, and possibly establish, a global music registry that is sustainably financed and consistent with World Intellectual Property Organization obligations. Sets forth transitional rules for proceedings pending and CRJs in office during the enactment of this Act.

internet radio fairness act amends federal copyright law direct president advice consent senate appoint copyright royalty judges serve copyright royalty board currently librarian congress appoints consultation register copyrights increases years legal experience qualifications necessary serve amends digital millennium copyright act respect standards applied establish compulsory licensing royalty rates public performance sound recordings digital audio services replaces standard apply establish rates eligible transmissions including internet radio commonly referred new subscription services standard currently establish rates subscription services digital cable radio satellite digital audio radio services satellite radio existing july replaces standard based rates terms negotiated marketplace willing buyer seller standard requires consider broader set objectives authorizes minimum annual administrative fee included rates sets forth similar rate setting methodology compulsory licenses recordings sound recordings licensees facilitate transmission authorization minimum annual fee currently requirement fee unspecified duration places burden proof sound recording copyright owners establish fees terms seeking satisfy requirements amended act exceed fees copyright owners users agree competitive market circumstances defines competitive market circumstances circumstances licensee enters license performance sound recordings possess market power resulting aggregation copyrights licensing collective individual copyright owners directs consider public interest creation new sound recordings musical works fostering online digital performances sound recordings income necessary provide reasonable return relevant investments including investments prior periods returns earned value promotional benefit non monetary benefit conferred copyright owner performance contributions digital audio transmission service content value programming requires establish license fee structures foster competition sound recording performances sound recording performances programming prohibits percentage revenue based fees taking account rates terms licenses interactive services determinations rendered prior enactment act permits certain transmitting organizations entitled transmit performance public currently copy performance display work transmissions archival preservation security removes requirement copy destroyed months transmission public preserved exclusively archival purposes sets forth limitations antitrust exemptions sound recording copyright owners acting jointly common agents specifies activities deemed restraint trade violation sherman act requires common agents representing copyright owners sound recordings order obtain authority negotiate certain statutory licenses digital sound recordings available internet list sound recording copyright owners represented sound recordings licensed organization revises evidentiary procedural judicial review standards applicable proceedings determinations requires proceedings determine terms rates royalty payments digital performances sound recordings participants voluntary negotiation period disclose previous license agreements entered participant members participant represented licensees specified preceding year period documents relied ratemaking proposals directs librarian congress submit recommendations congress federal_government facilitate possibly establish global music registry financed consistent world intellectual property organization obligations sets forth transitional rules proceedings pending office enactment act


Summary: Manufacturing Innovation in America Act of 2012 - Amends the Internal Revenue Code to allow a taxpayer to elect a tax deduction for an amount equal to 71% of the lesser of: (1) the taxpayer's patent box profit, or (2 the taxpayer's taxable income for the taxable year. Defines "patent box profit" to include gross receipts derived from the sale, lease, license, or or other disposition of qualified patent property in the course of a U.S. trade or business over the sum of the taxpayer's cost of goods sold allocable to patent gross receipts, other expenses, losses, or deductions, including research and development expenditures, allocable to such receipts, plus routine profit. Defines "qualified patent" to include a patent issued or extended by, or for which an application is pending before, the United States Patent and Trademark Office (USPTO). Sets forth rules for the application of the patent box profit deduction to pass-thru entities, including partnerships and S corporations, trusts and estates, and agricultural and horticultural cooperatives.

manufacturing innovation america act amends_the_internal_revenue_code allow taxpayer elect tax deduction equal lesser taxpayer patent box profit taxpayer taxable income taxable year defines patent box profit include gross receipts derived sale lease license disposition qualified patent property course trade business sum taxpayer cost goods sold allocable patent gross receipts expenses losses deductions including research development expenditures allocable receipts plus routine profit defines qualified patent include patent issued extended application pending united_states patent trademark_office uspto sets forth rules application patent box profit deduction pass entities including partnerships corporations trusts estates agricultural cooperatives


Summary: Amends the Leahy-Smith America Invents Act (AIA) to make technical changes regarding the transitional program for covered business method patents and joinder of parties. Applies, to any civil action commenced on or after enactment of this Act, the AIA's bar on using an accused infringer's failure to obtain the advice of counsel to prove that any infringement was willful or induced. (Currently, the bar would not take effect until one year after the AIA's enactment.) Prohibits a nine-month waiting period for inter partes review from applying to issuances of first-to-invent patents ineligible for post-grant review. (Currently, the remaining first-to-invent patents to be issued prior to the effective date of the new first-to-file patent system have no avenue for review during the first nine months because they must wait nine months for inter parties review and are ineligible for post-grant review.) Revises the filing deadline for inter partes review to be after the later of either: (1) nine months after the grant of a patent (currently, nine months after such grant or the issuance of a reissue patent), or (2) the termination date of any post-grant review. Extends the time period for an applicant to file an inventor's oath or declaration, substitute statement, or recorded assignment until the date on which the issue fee for the patent is paid. (Current law permits a notice of allowance of a patent application only after such a filing.) Makes provisions concerning travel expenses for employees of the U.S. Patent and Trademark Office (USPTO) and the payment of administrative judges effective as of September 16, 2011. Modifies requirements and time periods for activities relating to patent term adjustments. Revises the patent extension period for certain international applications. Specifies that a civil action filed in the U.S. District Court for the Eastern District of Virginia is the exclusive remedy for challenging a USPTO decision on a request for reconsideration of a patent term adjustment determination. Repeals a provision prohibiting the USPTO from accepting certain international applications designating the United States from anyone not qualified under specified application requirements. Revises USPTO funding requirements to make all federal patent law fees available for expenses relating to patent processing and to permit patent and trademark fees to be used interchangeably to cover proportionate shares of the USPTO's administrative costs. (Currently, patent fees are used to cover administrative costs relating to patents while trademark fees are used to cover administrative costs relating to trademarks.) Modifies requirements for applicants filing petitions to institute derivation proceedings and delineates the criteria applied to deem an application as an earlier application with respect to an invention relative to another application. Sets forth authority for the Patent Trial and Appeal Board to conduct, and for courts to review appeals from, interference proceedings declared after enactment but before the effective date of certain AIA amendments replacing interference proceedings with derivation proceedings. Modifies the original appointment terms for members of the Patent Public Advisory Committee and the Trademark Public Advisory Committee. Directs the Secretary of Commerce to designate, from among the appointed members, a Chair and Vice Chair of each committee.

amends smith america act technical changes transitional program covered business method patents parties applies civil action commenced enactment act bar accused failure obtain advice counsel prove infringement willful induced currently bar effect year enactment prohibits month waiting period inter review applying issuances patents ineligible post grant review currently remaining patents issued prior effective date new file patent system avenue review months wait months inter parties review ineligible post grant review revises filing deadline inter review later months grant patent currently months grant issuance reissue patent termination date post grant review extends time period applicant file oath declaration substitute statement recorded assignment date issue fee patent paid current law permits notice allowance patent application filing makes provisions concerning travel expenses employees patent trademark_office uspto payment administrative judges effective september modifies requirements time periods activities relating patent term adjustments revises patent extension period certain international applications specifies civil action filed district_court eastern_district virginia exclusive remedy challenging uspto decision request reconsideration patent term adjustment determination repeals provision prohibiting uspto accepting certain international applications designating united_states qualified specified application requirements revises uspto funding requirements federal patent law fees available expenses relating patent processing permit patent trademark fees cover proportionate shares uspto administrative costs currently patent fees cover administrative costs relating patents trademark fees cover administrative costs relating trademarks modifies requirements applicants filing petitions institute proceedings delineates criteria applied deem application earlier application respect invention relative application sets forth authority patent trial appeal board conduct courts review appeals interference proceedings declared enactment effective date certain amendments replacing interference proceedings proceedings modifies original appointment terms members patent public advisory_committee trademark public advisory_committee directs secretary commerce designate appointed members chair vice chair committee


Summary: America Invents Act - (Sec. 2) Amends federal patent law to define the "effective filing date" of a claimed invention as the actual filing date of the patent or the application for patent containing a claim to the invention (thus replacing the current first-to-invent system), except as specified. Requires the effective filing date for a claimed invention in an application for reissue or reissued patent to be determined by deeming the claim to the invention to have been contained in the patent for which reissue was sought. Establishes a one-year grace period (a prior art exception) for inventors to file an application after certain disclosures of the claimed invention by the inventor or another who obtained the subject matter from the inventor. Revises provisions concerning novelty and nonobvious subject matter (commonly referred to as conditions for patentability). Repeals provisions relating to inventions made abroad and statutory invention registration. Permits a civil action by a patent owner against another patent owner claiming to have the same invention and who has an earlier effective filing date if the invention claimed by the earlier patent owner was derived from the inventor claimed in the patent owned by the person seeking relief. Requires such an action to be filed within a specified one-year period. Replaces: (1) interference proceedings with derivation proceedings, and (2) the Board of Patent Appeals and Interferences with the Patent Trial and Appeal Board (the Board). Requires reports from: (1) the Small Business Administration (SBA) on the effects of eliminating the use of dates of invention in the patent application process, particularly on small businesses; and (2) the U.S. Patent and Trademark Office (USPTO) on the operation of prior user rights in selected countries in the industrialized world. (Sec. 3) Modifies requirements regarding the oath or declaration required of an inventor. Allows a person to whom an inventor has assigned (or is under an obligation to assign) an invention to make an application for patent. (Sec. 4) Allows virtual markings (markings that direct the public to a freely-accessible Internet address where a patented article is associated with its patent number) to provide public notice that an article is patented. Revises specified defenses and evidentiary requirements, including a bar on using an accused infringer's failure to obtain the advice of counsel to prove that any infringement was willful or induced. (Sec. 5) Allows a person who is not the patent owner to request to cancel as unpatentable one or more claims of patent by filing a petition with the USPTO to institute: (1) post-grant review on any ground that could be raised under specified provisions relating to invalidity of the patent or any claim, and (2) inter partes review (replaces inter partes reexamination procedures) on specified novelty and nonobvious subject matter grounds based on prior art consisting of patents and printed publications. Limits the filing of petitions for post-grant review to the nine-month period beginning after the grant of patent or issuance of a reissue patent. Requires any petition for inter partes review to be filed after the later of: (1) nine months after the grant or reissue, or (2) the date of termination of a post-grant review. Directs the USPTO to make public data available on the length of time between the commencement and conclusion of each post-grant and inter partes review. Disallows: (1) post-grant review and inter partes review if the petitioner (or real party in interest) has filed a related civil action, and (2) inter partes review if the petition is filed more than six months after the petitioner (real party in interest, or privy) is served with a complaint alleging infringement. Prohibits the petitioner from asserting claims in certain proceedings before the USPTO and International Trade Commission (ITC) and in specified civil actions if such claims were raised or reasonably could have been raised in the respective reviews (in the case of post-grant review, prohibits only raised claims from ITC proceedings and civil actions) that resulted in a final Board decision. Prohibits the USPTO Director (Director) from authorizing: (1) inter partes review unless information in the petition and any response shows a reasonable likelihood that the petitioner would prevail on at least one of the challenged claims; or (2) post-grant review unless information in the petition, if not rebutted, would demonstrate that it is more likely than not that at least one of the challenged claims is unpatentable, or unless such petition raises a novel or unsettled legal question important to other patents or applications. Sets forth a deadline for the Director to make such determinations, which are deemed final and nonappealable. Requires the Director to prescribe related regulations. Authorizes the Director to determine whether a substantial new question of patentability is raised by patents and publications discovered by the Director or cited under provisions related to the citation of prior art or reexamination requests. Allows any person, at any time, to cite to the USPTO: (1) prior art bearing on the patentability of a claim, and (2) statements of the patent owner filed in a proceeding before a federal court or the USPTO in which the patent owner took a position on the scope of any claim of a particular patent. Requires, on written request of the person citing prior art or written statements, that that person's identity be kept confidential. (Sec. 6) Sets forth the Board's required composition and duties. Allows appeals to the U.S. Court of Appeals for the Federal Circuit (CAFC) from specified Board decisions, including examinations, reexaminations, post-grant and inter partes reviews, and derivation proceedings. (Sec. 7) Allows any third party to submit any publication of potential relevance to a patent application. (Sec. 8) Amends a variety of patent provisions plus the Act commonly known as the Trademark Act of 1946 or the Lanham Act to substitute references to the U.S. District Court for the Eastern District of Virginia for the current references to the U.S. District Court for the District of Columbia. (Sec. 9) Authorizes the Director to set or adjust by rule any fee established, authorized, or charged by the USPTO under specified code provisions. Establishes a $400 fee for original patent applications filed non-electronically. Reduces certain fees to qualified small entities (including fees for prioritized examination of utility and plant applications) and any micro entity. (Sec. 10) Establishes supplemental examinations to consider, reconsider, and correct information. Requires the Director to order reexamination if a substantial new question of patentability is raised by at least one item of information in the request. (Sec. 11) Eliminates the requirement that certain CAFC judges must reside within 50 miles of the District of Columbia. (Sec. 12) Defines the term "micro entity" as a certifying applicant who: (1) qualifies as a small entity as defined in regulations issued by the Director, (2) has not been named on five or more previously filed patent applications, as specified; and (3) has gross income below a designated level without having transferred ownership interest in the application to an entity (other than a higher education entity) with gross income exceeding such limit. Authorizes the Director to impose income, annual filing, and other micro entity qualification limits under provisions related to state public institutions of higher education. (Sec. 13) Decreases the percentage of certain invention-related royalties and income that must be paid to the federal government and correspondingly increases the percentage that must be given to small business firms when a nonprofit organization has a funding agreement with the government for the operation of a government owned, contractor operated facility. (An existing provision defines the term "funding agreement" as a contract, grant, or cooperative agreement entered into between a federal agency and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the federal government.) (Sec. 14) Deems any strategy for reducing, avoiding, or deferring tax liability insufficient to differentiate a claimed invention from the prior art when evaluating specified conditions of patentability. (Sec. 15) Prohibits using a failure to disclose the best mode as a basis on which any claim of a patent may be canceled or held invalid or otherwise unenforceable. (Sec. 17) Intellectual Property Jurisdiction Clarification Act of 2011 - Amends the federal judicial code to deny to state courts jurisdiction over legal actions relating to patents, plant variety protection, or copyrights. Grants the CAFC exclusive jurisdiction of appeals relating to patents or plant variety protection. Provides for the removal to a U.S. district court of legal actions involving patents, plant variety protection, or copyrights, and for the remand of unrelated matters. Requires the CAFC to transfer any appeal dealing with designs and unfair competition to the court of appeals for the regional circuit embracing the district from which the appeal has been taken. (Sec. 18) Requires the Director to establish, with specified standards and procedures, a four-year transitional post-grant review proceeding for reviewing the validity of covered business-method patents (claiming a method or corresponding apparatus for performing data processing operations utilized in the practice, administration, or management of a financial product or service, except technological inventions). (Sec. 19) Permits the USPTO to pay subsistence and travel-related expenses of non-federal employees attending certain USPTO-conducted intellectual property programs. Authorizes the Director to fix a basic pay rate below a certain level for administrative patent and trademark judges appointed under specified provisions. (Sec. 20) Establishes the USPTO Public Enterprise Fund (replaces the Appropriation Account) as a revolving fund available to the Director without fiscal year limitation. Requires all fees paid to the Director and all appropriations for defraying the costs of USPTO activities to be credited to the Fund. Requires fees charged or established by the Director to be collected by the Director and available to carry out USPTO activities until expended. Directs fees from specified sources to be deposited in the Fund to cover appropriate expenses. Requires the Director to submit an annual report to Congress including: (1) the USPTO's operating plan, expenses, and staff levels; (2) long term modernization plans and related progress updates; and (3) the results of an annual independent audit of the USPTO's financial statements required by this section. Requires the Director to annually notify Congress of its spending plan. Directs the Fund to submit to the President a business-type budget as presribed by regulation for the budget program. (Sec. 21) Provides, within a three-year period, for the establishment of at least three U.S. satellite offices for the USPTO using specified criteria. Requires the Director to submit an annual related report to Congress. (Sec. 22) Allows the Director, subject to available resources, to establish a Patent Ombudsman Program. (Sec. 23) Authorizes the USPTO to establish regulations providing, at the request of the applicant, prioritized examination of applications for products, processes, or technologies important to the national economy or competitiveness without recovering the aggregate extra cost of providing such prioritization. (Sec. 24) Designates the satellite office to be located in Detroit, Michigan, as the "Elijah J. McCoy United States Patent and Trademark Office."

america act sec amends federal patent law define effective filing date claimed invention actual filing date patent application patent containing claim invention replacing current system specified requires effective filing date claimed invention application reissue reissued patent determined deeming claim invention contained patent reissue sought establishes year grace period prior art exception file application certain disclosures claimed invention obtained subject matter revises provisions concerning subject matter commonly referred conditions repeals provisions relating inventions abroad statutory invention registration permits civil action patent owner patent owner claiming invention earlier effective filing date invention claimed earlier patent owner derived claimed patent owned person seeking relief requires action filed specified year period replaces interference proceedings proceedings board patent appeals patent trial appeal board board requires reports small_business_administration sba effects eliminating use dates invention patent application process particularly small businesses patent trademark_office uspto operation prior user rights selected countries world sec modifies requirements oath declaration required allows person assigned obligation assign invention application patent sec allows virtual markings markings direct public freely accessible internet address patented article associated patent number provide public notice article patented revises specified defenses evidentiary requirements including bar accused failure obtain advice counsel prove infringement willful induced sec allows person patent owner request cancel claims patent filing petition uspto institute post grant review ground raised specified provisions relating patent claim inter review replaces inter procedures specified subject matter grounds based prior art consisting patents printed publications limits filing petitions post grant review month period beginning grant patent issuance reissue patent requires petition inter review filed later months grant reissue date termination post grant review directs uspto public data available length time commencement conclusion post grant inter review disallows post grant review inter review petitioner real party interest filed related civil action inter review petition filed months petitioner real party interest served complaint alleging infringement prohibits petitioner asserting claims certain proceedings uspto international_trade_commission itc specified civil actions claims raised reasonably raised respective reviews case post grant review prohibits raised claims itc proceedings civil actions resulted final board decision prohibits uspto director director authorizing inter review information petition response shows reasonable likelihood petitioner prevail challenged claims post grant review information petition rebutted demonstrate likely challenged claims petition raises novel legal question important patents applications sets forth deadline director determinations deemed final requires director prescribe related regulations authorizes director determine substantial new question raised patents publications discovered director cited provisions related citation prior art requests allows person time cite uspto prior art bearing claim statements patent owner filed proceeding federal court uspto patent owner took position scope claim particular patent requires written request person prior art written statements person identity kept confidential sec sets forth board required composition duties allows appeals court_of_appeals federal_circuit specified board decisions including examinations post grant inter reviews proceedings sec allows party submit publication potential relevance patent application sec amends variety patent provisions plus act commonly known trademark act act substitute references district_court eastern_district virginia current references district_court district_of_columbia sec authorizes director set adjust rule fee established authorized charged uspto specified code provisions establishes fee original patent applications filed non electronically reduces certain fees qualified small entities including fees prioritized examination utility plant applications micro entity sec establishes supplemental examinations consider reconsider correct information requires director order substantial new question raised item information request sec eliminates requirement certain judges reside miles district_of_columbia sec defines term micro entity certifying applicant qualifies small entity defined regulations issued director named previously filed patent applications specified gross income designated level having transferred ownership interest application entity higher education entity gross income exceeding limit authorizes director impose income annual filing micro entity qualification limits provisions related state public institutions higher education sec decreases percentage certain invention related royalties income paid federal_government increases percentage given small business firms nonprofit organization funding agreement government operation government owned contractor operated facility existing provision defines term funding agreement contract grant cooperative agreement entered federal agency contractor performance experimental developmental research work funded federal_government sec deems strategy reducing avoiding deferring tax liability insufficient claimed invention prior art evaluating specified conditions sec prohibits failure disclose best mode basis claim patent canceled held invalid unenforceable sec intellectual property jurisdiction clarification act amends federal judicial code deny state courts jurisdiction legal actions relating patents plant variety protection copyrights grants exclusive jurisdiction appeals relating patents plant variety protection provides removal district_court legal actions involving patents plant variety protection copyrights remand unrelated matters requires transfer appeal dealing designs unfair competition court_of_appeals regional circuit district appeal taken sec requires director establish specified standards procedures year transitional post grant review proceeding reviewing validity covered business method patents claiming method corresponding apparatus performing data processing operations utilized practice administration management financial product service technological inventions sec permits uspto pay subsistence travel related expenses non federal employees attending certain uspto conducted intellectual property programs authorizes director fix basic pay rate certain level administrative patent trademark judges appointed specified provisions sec establishes uspto public enterprise fund replaces appropriation account revolving fund available director fiscal year limitation requires fees paid director appropriations defraying costs uspto activities credited fund requires fees charged established director collected director available carry uspto activities expended directs fees specified sources deposited fund cover appropriate expenses requires director submit annual report congress including uspto operating plan expenses staff levels long term modernization plans related progress updates results annual independent audit uspto financial statements required section requires director annually notify congress spending plan directs fund submit president business type budget regulation budget program sec provides year period establishment satellite offices uspto specified criteria requires director submit annual related report congress sec allows director subject available resources establish patent ombudsman program sec authorizes uspto establish regulations providing request applicant prioritized examination applications products processes technologies important national economy competitiveness recovering aggregate extra cost providing prioritization sec designates satellite office located detroit michigan united_states patent trademark_office


Summary: Equal Access to Tax Planning Act - Deems any strategy for reducing, avoiding, or deferring tax liability insufficient to differentiate a claimed invention from the prior art when evaluating specified conditions of patentability under federal patent law.

equal_access tax planning act deems strategy reducing avoiding deferring tax liability insufficient claimed invention prior art evaluating specified conditions federal patent law


Summary: Instructs the Secretary of the Interior to modify a land grant patent issued to the Great Lakes Shipwreck Historical Society, Chippewa County, Michigan. Makes the modification made to the patent effective upon being recorded in the Office of the Register of Deeds of Chippewa County.

instructs secretary interior modify land grant patent issued great_lakes shipwreck historical society chippewa_county michigan makes modification patent effective recorded office register deeds chippewa_county


Summary: Affirms and validates a specified patent and the associated land reconfiguration issued by the Bureau of Land Management (BLM) as having been issued in compliance with the Nevada-Florida Land Exchange Authorization Act of 1988, the National Environmental Policy Act of 1969, and the Federal Land Policy Management Act of 1976 for the benefit and recovery of the desert tortoise and other species and related habitat. Ratifies: (1) the process used by the U.S. Fish and Wildlife Service and the BLM in reconfiguring the land as shown in a specified environmental impact statement, and (2) the reconfiguration provided for in a specified Army Corps of Engineers permit.

affirms specified patent associated land issued bureau_of_land_management blm having issued compliance nevada florida land exchange authorization act national_environmental_policy_act federal land policy management act benefit recovery desert species related habitat ratifies process fish_and_wildlife_service blm land shown specified environmental impact statement provided specified army_corps_of_engineers permit


Summary: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 or the PROTECT IP Act of 2011 - (Sec. 3) Authorizes the Attorney General (AG) to commence: (1) an in personam action against a registrant of a nondomestic domain name (NDN) used by an Internet site dedicated to infringing activities (ISDIA) or an owner or operator of an ISDIA accessed through an NDN; or (2) if such individuals are unable to be found by the AG or have no address within a U.S. judicial district, an in rem action (against a domain name itself, in lieu of such individuals) against the NDN used by an ISDIA. Defines ISDIA as a site that: (1) has no significant use other than engaging in or facilitating copyright infringement, circumventing technology controlling access to copyrighted works, or selling or promoting counterfeit goods or services; or (2) is designed, operated, or marketed and used to engage in such activities. Defines NDN as a domain name for which the registry that issued the domain name and operates the relevant top level domain, and the registrar for the domain name, are located outside the United States. Allows the court, upon application by the AG after an NDN-related in personam or in rem action is commenced under this section, to issue a temporary restraining order or an injunction against the NDN, registrant, owner, or operator to cease and desist further ISDIA activity if the NDN is used within the United States to access an ISDIA directing business to U.S. residents and harming U.S. intellectual property right holders. Directs the AG to identify and provide advance notice to operators of nonauthoritative domain name system servers (NDNSSs), financial transaction providers (FTPs), Internet advertising services (IASs), and providers of information location tools (ILTs), including search engines, online directories, and other indexes with hypertext links or referrals to online locations, whose action may be required to prevent such NDN-related ISDIA activity. Sets forth the preventative measures required to be taken by NDNSSs, FTPs, IASs, and ILTs upon being served with a court order in a such an NDN-related action commenced by the AG. (Sec. 4) Authorizes the AG or an intellectual property right owner harmed by an ISDIA to commence: (1) an in personam action against a registrant of an ISDIA's domain name or an owner or operator of an ISDIA accessed through a domain name; or (2) if such individuals are unable to be found or have no address within a U.S. judicial district, an in rem action against a domain name used by an ISDIA. Allows the court, upon application by the relevant plaintiff after an in personam or in rem action concerning a domain name is commenced under this section, to issue a temporary restraining order or injunction against a domain name, registrant, owner, or operator to cease and desist further ISDIA activity if the domain name is: (1) registered or assigned by a domain name registrar or registry located or doing business in the United States, or (2) used within the United States to access an ISDIA directing business to U.S. residents and harming U.S. intellectual property right holders. Directs the relevant plaintiff to identify and provide advance notice to FTPs and IASs whose action may be required to prevent such ISDIA activity. Requires, upon being served with a court order after such an in personam or in rem action concerning a domain name is commenced by the AG or a private right owner under this section: (1) FTPs to take reasonable specified preventative measures, and (2) IASs to take technically feasible and reasonable measures. Sets forth provisions regarding the entities that may be required to take certain preventative measures in actions concerning both domain names and NDNs: (1) granting immunity to such entities for actions complying with a court order, (2) authorizing the relevant plaintiff to bring an action for injunction relief against a served entity that knowingly and willfully fails to comply with a court order, and (3) permitting such entities to intervene in commenced actions and request modifications, suspensions, or terminations of related court orders. (Sec. 5) Provides immunity from liability for: (1) FTPs or IASs that, in good faith, voluntarily take certain preventative actions against ISDIAs, and (2) domain name registries and registrars, FTPs, ILTs, or IASs that, in good faith, withhold services from infringing sites that endanger public health by distributing prescription medication that is counterfeit, adulterated, misbranded, or without a valid prescription. (Sec. 7) Requires the AG to: (1) publish procedures to receive information from the public about ISDIAs and develop a process to coordinate enforcement activities with other law enforcement agencies, and (2) report annually to Congress on actions commenced by the AG under this Act including the use of related court orders and enforcement procedures. Directs the Secretary of Commerce to submit a report to Congress assessing the requirement that NDNSSs, except under specified circumstances, take the least burdensome technically feasible and reasonable measures to prevent an NDN from resolving to its Internet protocol (IP) address after receiving advance notice and upon being served with a court order in an NDN-related in personam or in rem action commenced by the AG under this Act. Requires the Register of Copyrights to submit a report to Congress regarding this Act's: (1) enforcement and effectiveness, (2) burden on intermediaries (including an assessment of the need to reimburse compliance costs), and (3) application to emerging technologies. Directs the Comptroller General (GAO) to submit a report on certain actions commenced by private plaintiffs under this Act. (Sec. 8) Authorizes the Secretary of Homeland Security (DHS), subject to any applicable bonding requirements, to share information and provide: (1) unredacted samples of the products, packaging, and labels, or related photos with trademark right holders if the U.S. Customs and Border Protection (CBP) suspects an import or export violation under specified provisions of the Lanham Act relating to copied or simulated marks or names; and (2) samples to affected parties upon the CBP's seizure of material imported in violation of specified federal copyright laws prohibiting the circumvention of technological measures that control access to or protect a copyrighted work.

preventing real online threats economic theft intellectual property act protect act sec authorizes attorney general commence action registrant nondomestic domain internet site dedicated infringing activities owner operator accessed individuals unable found address judicial district rem action domain lieu individuals defines site significant use engaging facilitating copyright infringement technology controlling access copyrighted works selling promoting counterfeit goods services designed operated marketed engage activities defines domain registry issued domain operates relevant level domain registrar domain located outside united_states allows court application related rem action commenced section issue temporary restraining order injunction registrant owner operator cease desist activity united_states access directing business residents harming intellectual property right holders directs identify provide advance notice operators domain system servers financial transaction providers internet advertising services providers information location tools including search engines online indexes links referrals online locations action required prevent related activity sets forth preventative measures required taken served court order related action commenced sec authorizes intellectual property right owner harmed commence action registrant domain owner operator accessed domain individuals unable found address judicial district rem action domain allows court application relevant plaintiff rem action concerning domain commenced section issue temporary restraining order injunction domain registrant owner operator cease desist activity domain registered assigned domain registrar registry located business united_states united_states access directing business residents harming intellectual property right holders directs relevant plaintiff identify provide advance notice action required prevent activity requires served court order rem action concerning domain commenced private right owner section reasonable specified preventative measures technically feasible reasonable measures sets forth provisions entities required certain preventative measures actions concerning domain names granting immunity entities actions complying court order authorizing relevant plaintiff bring action injunction relief served entity knowingly willfully fails comply court order permitting entities intervene commenced actions request modifications suspensions terminations related court orders sec provides immunity liability good faith voluntarily certain preventative actions domain registries good faith withhold services infringing sites endanger public health distributing prescription medication counterfeit adulterated misbranded valid prescription sec requires publish procedures receive information public develop process coordinate enforcement activities law enforcement agencies report annually congress actions commenced act including use related court orders enforcement procedures directs secretary commerce submit report congress assessing requirement specified circumstances burdensome technically feasible reasonable measures prevent resolving internet protocol address receiving advance notice served court order related rem action commenced act requires register copyrights submit report congress act enforcement effectiveness burden intermediaries including assessment need reimburse compliance costs application emerging technologies directs comptroller_general gao submit report certain actions commenced private plaintiffs act sec authorizes secretary homeland_security dhs subject applicable bonding requirements share information provide samples products packaging labels related trademark right holders customs border_protection cbp suspects import export violation specified provisions act relating copied simulated marks names samples affected parties cbp seizure material imported violation specified federal copyright laws prohibiting circumvention technological measures control access protect copyrighted work


Summary: Protect American Innovation Act of 2011 - Establishes within the Department of the Treasury the position of Director of Intellectual Property Rights Enforcement (Director). Directs the Commissioner responsible for U.S. Customs and Border Protection (CBP) and the Assistant Secretary for U.S. Immigration and Customs Enforcement to appoint coordinators of intellectual property rights enforcement activities. Directs the Secretary of the Treasury, acting through the Commissioner, to prescribe regulations to apply risk assessment modeling techniques to border enforcement activities for combating counterfeiting and piracy. Directs the Commissioner to determine the feasibility of training CBP personnel in the use of new technological means for detecting and identifying, at ports of entry, counterfeit and pirated goods, and goods subject to exclusion orders. Requires the Commissioner to improve the process of making samples of shipments of goods suspected of violating intellectual property rights available to the owners of copyrights, trademarks, patents, and other forms of intellectual property (owners) for the purpose of inspection or analysis. Requires the Commissioner to prescribe regulations to ensure that the system for recording copyrights, trademarks, patents, and other forms of intellectual property does not impede the rapid seizure of goods that violate the rights of the owners. Directs the Commissioner to develop a voluntary certification program for low-risk importers that have taken specific measures to prevent the infiltration into the international supply chain of counterfeit and pirated goods, goods subject to exclusion orders, and goods that violate other forms of intellectual property rights. Directs the Secretary, acting through the Commissioner, to develop and implement a watch list database of importers, shippers, freight forwarders, and other participants in the import, export, and transshipment process whose activities merit special scrutiny at ports of entry because of the risk of importation, exportation, or transshipment of goods that violate intellectual property rights or exclusion orders. Prohibits the mitigation, dismissal, or vacating of civil fines, except pursuant to regulations. Requires the Commissioner to report to specified congressional committees on effective civil fine collection techniques. Directs the Secretary to take steps to: (1) increase staffing and resources of offices of CBP and U.S. Immigration and Customs Enforcement (ICE) engaged in providing training and technical assistance to the customs services and enforcement agencies of other countries, and (2) ensure that the Director performs certain actions to maximize the efficient and effective use of resources for international training and technical assistance activities. Amends the Tariff Act of 1930 to: (1) increase certain prohibitions on the importation, exportation, and transshipment of counterfeit or pirated goods, (2) revise requirements for declarations regarding counterfeit and infringing merchandise, and (3) authorize the CBP Chief Counsel to commence and participate in certain civil forfeiture proceedings. Directs the Secretary, acting through the Commissioner and the Assistant Secretary, to establish an Advisory Committee on Import Safety and Intellectual Property Rights Enforcement. Authorizes appropriations to CBP and ICE for additional personnel to carry out specified responsibilities. Revises the requirements for exclusion orders for certain unfair trade practices to divide them into first, second, and third exclusion orders with increasing penalties, including a visa ban.

protect american innovation_act establishes department_of_the_treasury position director intellectual property rights enforcement director directs commissioner responsible customs border_protection cbp assistant secretary immigration customs enforcement appoint coordinators intellectual property rights enforcement activities directs secretary treasury acting commissioner prescribe regulations apply risk assessment modeling techniques border enforcement activities combating counterfeiting piracy directs commissioner determine feasibility training cbp personnel use new technological means detecting identifying ports entry counterfeit goods goods subject exclusion orders requires commissioner improve process making samples shipments goods suspected violating intellectual property rights available owners copyrights trademarks patents forms intellectual property owners purpose inspection analysis requires commissioner prescribe regulations ensure system recording copyrights trademarks patents forms intellectual property impede rapid seizure goods violate rights owners directs commissioner develop voluntary certification program low risk importers taken specific measures prevent infiltration international supply chain counterfeit goods goods subject exclusion orders goods violate forms intellectual property rights directs secretary acting commissioner develop implement watch list database importers shippers freight participants import export transshipment process activities merit special scrutiny ports entry risk importation exportation transshipment goods violate intellectual property rights exclusion orders prohibits mitigation dismissal vacating civil fines pursuant regulations requires commissioner report specified congressional committees effective civil fine collection techniques directs secretary steps increase staffing resources offices cbp immigration customs enforcement ice engaged providing training technical assistance customs services enforcement agencies countries ensure director performs certain actions maximize efficient effective use resources international training technical assistance activities amends tariff act increase certain prohibitions importation exportation transshipment counterfeit goods revise requirements declarations counterfeit infringing merchandise authorize cbp chief counsel commence participate certain civil forfeiture proceedings directs secretary acting commissioner assistant secretary establish advisory_committee import safety intellectual property rights enforcement authorizes appropriations cbp ice additional personnel carry specified responsibilities revises requirements exclusion orders certain unfair trade practices divide second exclusion orders increasing penalties including visa ban


Summary: Equity for Visual Artists Act of 2011 - Requires, whenever a work of visual art is sold for at least $10,000 at an auction by someone other than the authoring artist, that the entity collecting the money or other consideration pay a royalty equal to 7% of the price to a visual artists' collecting society. Defines an "auction" as public sale run by an entity that: (1) sells to the highest bidder works of visual art in which the cumulative amount of such works sold during the previous year is over $25 million, and (2) does not solely conduct the sale of such visual art on the Internet. Requires the collecting society to: (1) distribute half of the net royalty to the artist or their successor as copyright owner, and (2) deposit the other half into an escrow account to fund purchases by U.S. nonprofit art museums of works of visual art authored by living artists domiciled in the United States. Establishes a copyright infringement offense for the failure of the entity collecting the money or other consideration to pay such a royalty. Subjects an infringer to the payment of statutory damages. Excludes works of visual art from copyright notice procedures. Directs the Register of Copyrights to issue regulations governing the designation and oversight of visual artists' collecting societies. Requires that specified fees be paid to the Register out of the total royalty payments received by collecting societies.

equity visual artists act requires work visual art sold auction artist entity collecting money consideration pay royalty equal price visual artists collecting society defines auction public sale run entity sells highest bidder works visual art cumulative works sold previous year million solely conduct sale visual art internet requires collecting society distribute half net royalty artist successor copyright owner deposit half escrow account fund purchases nonprofit art museums works visual art living artists domiciled united_states establishes copyright infringement offense failure entity collecting money consideration pay royalty subjects payment statutory damages excludes works visual art copyright notice procedures directs register copyrights issue regulations governing designation oversight visual artists collecting societies requires specified fees paid register total royalty payments received collecting societies


Summary: Songwriters Tax Simplification Reauthorization Act - Amends the Internal Revenue Code, with respect to the tax deduction for depreciation, to make permanent the taxpayer election to amortize over a five-year period expenses incurred in creating or acquiring a musical composition or any copyright with respect to such composition.

tax simplification reauthorization act amends_the_internal_revenue_code respect tax deduction depreciation permanent taxpayer election amortize year period expenses incurred creating acquiring musical composition copyright respect composition


Summary: (This measure has not been amended since it was reported to the Senate on September 20, 2012. The summary of that version is repeated here.) Patent Law Treaties Implementation Act of 2012 - Amends federal patent law to implement the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Treaty) and the Patent Law Treaty. (Both treaties were ratified by the Senate on December 7, 2007.) Standardizes application procedures to be consistent with other member countries. Title I: Hague Agreement Concerning International Registration of Industrial Designs - (Sec. 101) Allows any person who is a U.S. national, or has a domicile, habitual residence, or real and effective industrial or commercial establishment in the United States, to file an international design application for international registration with the U.S. Patent and Trademark Office (USPTO) (thereby enabling U.S. applicants to file a single application with USPTO instead of separate applications in multiple countries). Directs the USPTO to collect and transmit international fees and forward international design applications to the intergovernmental International Bureau recognized as the coordinating body under the Hague Treaty and its common regulations. Requires an international design application on an industrial design made in the United States to constitute the filing of an application in a foreign country if such application is filed: (1) in a country other than the United States, (2) at the International Bureau, or (3) with an intergovernmental organization. Requires the filing date of an international design application in the United States to be the effective registration date, except that any international design application designating the United States that otherwise meets the requirements of federal patent law (notwithstanding the implementation of the treaty) may be treated as a design application under existing federal laws applicable to design patents. Permits applicants to request a review of the filing date of an international design application in the United States. Authorizes the USPTO Director to determine that such filing date is a date other than the effective registration date. Sets forth requirements for determining the right of priority of national applications and prior foreign and national applications with earlier filing dates. Directs the Director to provide for the examination of international design applications designating the United States. Authorizes the Director to issue patents based on such applications. (Sec. 102) Extends provisional rights (the right to obtain royalties from persons who sell or engage in certain activities involving the invention during the period beginning on the date the application is published and ending on the date the patent is issued) to such international design applications filed under the treaty that designate the United States. Extends the term for design patents from 14 to 15 years from the date of grant. Title II: Patent Law Treaty Implementation - (Sec. 201) Revises patent application procedures with respect to filing dates, fees, and surcharges for fees, oaths, or declarations and claims submitted after the filing date. Authorizes the Director to prescribe conditions on references to previously filed applications. Permits the Director to establish procedures to revive an unintentionally abandoned patent application, accept an unintentionally delayed payment of the fee for issuing each patent, or accept an unintentionally delayed response by the patent owner in a reexamination proceeding, upon petition by the applicant or patent owner. Authorizes the Director to: (1) prescribe regulations and fees for the extension of application periods for inventors who previously filed provisional applications or applications for the same invention in a foreign country, (2) establish procedures to accept an unintentionally delayed claim for priority under the Patent Cooperation Treaty and to accept a priority claim that pertains to an application that was not filed within the specified priority period but was filed within the extended application period. Directs the USPTO to maintain a register of interests in patents and applications for patents. Applies patent assignment requirements to interests that constitute an assignment, grant, or conveyance.

measure amended reported senate september summary version repeated patent law treaties implementation act amends federal patent law implement geneva act agreement concerning international registration industrial designs treaty patent law treaty treaties ratified senate december application procedures consistent member countries title agreement concerning international registration industrial designs sec allows person national domicile habitual residence real effective industrial commercial establishment united_states file international design application international registration patent trademark_office uspto enabling applicants file single application uspto instead separate applications multiple countries directs uspto collect transmit international fees forward international design applications intergovernmental international bureau recognized coordinating body treaty common regulations requires international design application industrial design united_states constitute filing application foreign country application filed country united_states international bureau intergovernmental organization requires filing date international design application united_states effective registration date international design application designating united_states meets requirements federal patent law notwithstanding implementation treaty treated design application existing federal laws applicable design patents permits applicants request review filing date international design application united_states authorizes uspto director determine filing date date effective registration date sets forth requirements determining right priority national applications prior foreign national applications earlier filing dates directs director provide examination international design applications designating united_states authorizes director issue patents based applications sec extends provisional rights right obtain royalties persons sell engage certain activities involving invention period beginning date application published ending date patent issued international design applications filed treaty designate united_states extends term design patents years date grant title patent law treaty implementation sec revises patent application procedures respect filing dates fees surcharges fees oaths declarations claims submitted filing date authorizes director prescribe conditions references previously filed applications permits director establish procedures revive abandoned patent application accept delayed payment fee issuing patent accept delayed response patent owner proceeding petition applicant patent owner authorizes director prescribe regulations fees extension application periods previously filed provisional applications applications invention foreign country establish procedures accept delayed claim priority patent cooperation treaty accept priority claim pertains application filed specified priority period filed extended application period directs uspto maintain register interests patents applications patents applies patent assignment requirements interests constitute assignment grant conveyance


Summary: Patents for Humanity Program Improvement Act of 2012 - Allows the holder or successor of an acceleration certificate issued pursuant to the Patents for Humanity Program (a pilot awards program established by the U.S. Patent and Trademark Office [USPTO] entitling awardees to accelerate certain USPTO proceedings for patented technologies addressing humanitarian needs among an impoverished population or for further research on humanitarian technologies) to transfer, including by sale, the entitlement to such certificate to another person.

patents humanity program improvement act allows holder successor acceleration certificate issued pursuant patents humanity program pilot awards program established patent trademark_office uspto awardees accelerate certain uspto proceedings patented technologies addressing humanitarian needs impoverished population research humanitarian technologies transfer including sale entitlement certificate person


Summary: No Stolen Trademarks Honored in America Act - Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to prohibit U.S. courts from recognizing, enforcing, or otherwise validating any assertion of rights by an individual (under current law, by a designated Cuban national) of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government unless the original owner of such mark or name, or such owner's bona fide successor, has expressly consented. Applies such prohibition only if the individual asserting the rights knew or had reason to know at the time of acquiring the rights asserted that the mark or name was the same or substantially similar to the mark or name used in connection with the business or assets that were confiscated.

stolen trademarks honored america act_-_amends department_of_commerce_and_related_agencies_appropriations_act prohibit courts recognizing enforcing validating assertion rights individual current law designated cuban national mark trade commercial connection business assets confiscated cuban government original owner mark owner bona fide successor expressly consented applies prohibition individual asserting rights knew reason know time acquiring rights asserted mark substantially similar mark connection business assets confiscated


Summary:
Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013 - Amends federal patent law, with respect to the remedies available in actions involving validity or infringement of a patent, to allow a party asserting invalidity or noninfringement to move for a judgment that the adverse party is not: (1) the inventor, a joint inventor, or in the case of a patent filed by, and awarded to, an assignee of the original inventor or joint inventor, the original assignee of the patent; (2) able to provide documentation of substantial investment made in the exploitation of the patent through production or sale of an item covered by the patent; or (3) an institution of higher education or a technology transfer organization.

Directs courts making such a judgment to award the recovery of full costs to any prevailing party asserting invalidity or noninfringement, including reasonable attorney's fees, other than the United States, unless exceptional circumstances make an award unjust.

saving high tech innovators egregious legal disputes act amends federal patent law respect remedies available actions involving validity infringement patent allow party asserting judgment adverse party joint case patent filed awarded assignee original joint original assignee patent able provide documentation substantial investment exploitation patent production sale item covered patent institution higher education technology transfer organization directs courts making judgment award recovery costs prevailing party asserting including reasonable attorney fees united_states exceptional circumstances award unjust


Summary:
Promoting Automotive Repair, Trade, and Sales Act of 2013 or PARTS Act - Makes it not an act of infringement, with respect to a design patent that claims a component part of a motor vehicle as originally manufactured, to: (1) make, test, or offer to sell within the United States, or import into the United States, any article of manufacture that is similar or the same in appearance to the component part claimed in such design patent if the purpose of such article is for the repair of a motor vehicle to restore its appearance to as originally manufactured; and (2) use or sell within the United States any such same or similar articles for such restorations more than 30 months after the claimed component part is first offered for public sale as part of a motor vehicle in any country.

Defines "component part" as a component part of the exterior of a motor vehicle only (such as a hood, fender, tail light, side mirror, or quarter panel), excluding an inflatable restraint system or other component part located in the interior of a motor vehicle.

Specifies that an offer to sell includes any marketing of an article of manufacture to prospective purchasers or users and any pre-sale distribution.

Applies this Act to any patent issued, or application filed, before, on, or after the effective date of this Act.

promoting automotive repair trade sales act parts act makes act infringement respect design patent claims component motor vehicle originally manufactured test offer sell united_states import united_states article manufacture similar appearance component claimed design patent purpose article repair motor vehicle restore appearance originally manufactured use sell united_states similar articles months claimed component offered public sale motor vehicle country defines component component exterior motor vehicle hood tail light quarter panel excluding restraint system component located interior motor vehicle specifies offer sell includes marketing article manufacture prospective purchasers users pre sale distribution applies act patent issued application filed effective date act


Summary:
Unlocking Technology Act of 2013 - Amends the prohibition under federal copyright law on the circumvention of a technological measure that controls access to a copyright-protected work to require that such prohibition apply only to circumventions carried out in order to infringe or facilitate infringement of a protected work.

Declares that it shall not be a violation to: (1) circumvent a technological measure if the purpose is to engage in a use that is not an infringement of federal copyright law; or (2) use, manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part primarily designed or produced to facilitate noninfringing uses of protected works by circumventing a technological measure that effectively controls access to such work, unless the intent is to infringe or facilitate infringement of a copyright.

Declares that it is not an infringement to copy or adapt the software or firmware of a user-purchased mobile communications device for the sole purpose of enabling the device to connect to a wireless communications network if: (1) the copying or adapting is initiated by, or with the consent of, the owner of that device or the owner's agent; (2) the owner or agent is in legal possession of the device; and (3) the owner has the consent of, or an agreement with, the authorized operator of such wireless communications network to make use of its network. (Thus allowing the "unlocking" of mobile devices without requiring an owner to obtain the consent of the initial carrier network before switching to a new carrier.)

Directs the President to ensure that applicable bilateral and multilateral trade agreements are modified to be consistent with this Act.

unlocking technology act amends prohibition federal copyright law circumvention technological measure controls access copyright protected work require prohibition apply carried order infringe facilitate infringement protected work declares shall violation circumvent technological measure purpose engage use infringement federal copyright law use manufacture import offer public provide traffic technology product service device component primarily designed produced facilitate uses protected works technological measure effectively controls access work intent infringe facilitate infringement copyright declares infringement copy adapt software user purchased mobile communications device sole purpose enabling device connect wireless communications network copying adapting initiated consent owner device owner agent owner agent legal possession device owner consent agreement authorized operator wireless communications network use network allowing unlocking mobile devices requiring owner obtain consent initial carrier network switching new carrier directs president ensure applicable bilateral multilateral trade agreements modified consistent act


Summary:
End Anonymous Patents Act - Requires entities issued a patent to file with the U.S. Patent and Trademark Office (USPTO) a disclosure of the identity of the patent owner and any real parties in interest. Directs patent owners to also make such disclosures to the USPTO upon the payment of maintenance fees.

Requires an entity to which a patent, patent application, or interest is sold, granted, or conveyed to file with the USPTO a disclosure of the sale, grant, or conveyance, and any real party in interest in the patent, application, or interest.

Specifies that "real parties in interest" include: (1) any entity that has the legal right to enforce the patent through an infringement action, (2) any ultimate parent entity (not controlled by any other entity) of such an entity, and (3) any entity that has a controlling interest in the enforcement of the patent.

Limits the damages available in a patent infringement action by an entity that fails to comply with the requirements of this Act to only those damages occurring from the date on which the requirements are met.

end anonymous patents act_-_requires entities issued patent file patent trademark_office uspto disclosure identity patent owner real parties interest directs patent owners disclosures uspto payment maintenance fees requires entity patent patent application interest sold granted conveyed file uspto disclosure sale grant conveyance real party interest patent application interest specifies real parties interest include entity legal right enforce patent infringement action ultimate parent entity controlled entity entity entity controlling interest enforcement patent limits damages available patent infringement action entity fails comply requirements act damages occurring date requirements met