Summary: Accuracy in Fuel Economy Standards Act - Requires the Secretary of Transportation to calculate maximum feasible fuel economy standards for passenger automobiles and non-passenger automobiles based on the most recent high gasoline price projection issued by the Energy Information Administration (EIA).Defines the "applicable high gasoline price projection" as the greatest of a range of estimated gasoline prices that the EIA issues as part of its annual energy outlook, short-term energy outlook, or similar analyses for: (1) the year (or years) corresponding to the model year (or model years) for which the Secretary is prescribing an average fuel economy standard; and (2) the range of years considered by the Secretary in determining the costs and benefits associated with such standard.

accuracy fuel economy standards act_-_requires secretary transportation calculate maximum feasible fuel economy standards passenger automobiles non passenger automobiles based recent high gasoline price projection issued energy_information_administration applicable high gasoline price projection greatest range estimated gasoline prices eia issues annual energy outlook short term energy outlook similar analyses year years corresponding model year model years secretary prescribing average fuel economy standard range years considered secretary determining costs benefits associated standard


Summary: Fair Copyright in Research Works Act - Prohibits any federal agency from imposing any condition, in connection with a funding agreement, that requires the transfer or license to or for a federal agency, or requires the absence or abandonment, of specified exclusive rights of a copyright owner in an extrinsic work. Prohibits any federal agency from: (1) imposing, as a condition of a funding agreement, the waiver of, or assent to, any such prohibition; or (2) asserting any rights in material developed under any funding agreement that restrain or limit the acquisition or exercise of copyright rights in an extrinsic work. Defines "funding agreement" as any contract, grant, or other agreement entered into between a federal agency and any person under which funds are provided by a federal agency for the performance of experimental, developmental, or research activities. Defines "extrinsic work" as any work, other than a work of the U.S. government, that is related to a funding agreement and is also funded in substantial part by, or results from a meaningful added value contributed by, one or more nonfederal entities that are not a party to the funding agreement.

fair copyright research works act prohibits federal agency imposing condition connection funding agreement requires transfer license federal agency requires absence abandonment specified exclusive rights copyright owner work prohibits federal agency imposing condition funding agreement waiver prohibition asserting rights material developed funding agreement restrain limit acquisition exercise copyright rights work defines funding agreement contract grant agreement entered federal agency person funds provided federal agency performance experimental developmental research activities defines work work work government related funding agreement funded substantial results meaningful added value contributed nonfederal entities party funding agreement


Summary: 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.

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: Patent Reform Act of 2009 - Amends federal patent law to rewrite provisions concerning the conditions for patentability. Defines "effective filing date of a claimed invention" as the filing date of the patent or the application for patent containing the claim to the invention (thus establishing a first-to-file system). Revises various other rights and requirements related to patents, including regarding: (1) damages; (2) post-grant procedures; (3) citation of prior art; and (4) inter partes reexaminations; (5) preissuance submissions by third parties; (6) venue and jurisdiction; and (7) the regulatory authority of the Patent and Trademark Office. Replaces the Board of Patent Appeals and Interferences with the Patent Trial and Appeal Board. Revises provisions concerning the residency of federal circuit judges.

patent reform_act amends federal patent law provisions concerning conditions defines effective filing date claimed invention filing date patent application patent containing claim invention establishing file system revises rights requirements related patents including damages post grant procedures citation prior art inter submissions parties venue jurisdiction regulatory authority patent trademark_office replaces board patent appeals patent trial appeal board revises provisions concerning residency federal_circuit judges


Summary: Enacts title 53 of the United States Code into positive law to be entitled "Small Business." Makes conforming changes to existing law and repeals specified laws.

enacts title united_states code positive law entitled small business makes conforming changes existing law repeals specified laws


Summary: Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Includes as protected items clothing, handbags, duffel bags, tote bags, and eyeglass frames. Excludes from such protection designs embodied in a useful article made public by the designer more than six months before the registration of copyright application. Prohibits considering certain factors in determining the originality of a fashion design. Sets the term of protection at three years. Declares that it is not infringement to make, have made, import, sell, or distribute any article which was created without reasonable grounds to know that design protection is claimed. Prohibits deeming a fashion design to have been copied from a protected design if it: (1) is original and not closely and substantially similar in overall visual appearance to a protected design; (2) merely reflects a trend; or (3) is the result of independent creation. Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design. Applies the doctrines of secondary infringement or secondary liability to actions related to original designs. Requires that applications for design registration be made within two years after the design is made public for vessel hulls and within six months after the design is made public for fashion designs. (Current law sets such a time limit at two years for designs in general.) Increases allowable damage awards for infringement of original designs and for false representation. Requires the Register of Copyrights to establish and maintain an electronically searchable fashion design database available to the public without charge.

design piracy prohibition act extends copyright protection fashion designs includes protected items clothing bags bags frames excludes protection designs embodied useful article public designer months registration copyright application prohibits considering certain factors determining fashion design sets term protection years declares infringement import sell distribute article created reasonable grounds know design protection claimed prohibits deeming fashion design copied protected design original closely substantially similar overall visual appearance protected design merely reflects trend result independent creation prohibits deeming vessel hull design copied protected design original substantially similar appearance protected design applies secondary infringement secondary liability actions related original designs requires applications design registration years design public vessel months design public fashion designs current law sets time limit years designs general increases allowable damage awards infringement original designs false representation requires register copyrights establish maintain electronically searchable fashion design database available public charge


Summary: Webcaster Settlement Act of 2009 - Prohibits the U.S. Court of Appeals for the District of Columbia from taking this Act into account in its review of the determination by the Copyright Royalty Judges of May 1, 2007, of rates and terms for the digital performance of sound recordings and ephemeral recordings, pursuant to specified provisions. Defines "webcaster," for provisions relating to licenses for the reproduction and performance of sound recordings via webcasting, as a person or entity that has obtained a compulsory license under specified provisions. (Current law defines such term as a person or entity that has obtained a compulsory license under specified provisions to make eligible nonsubscription transmissions and ephemeral recordings.) Terminates, 30 days after enactment of this Act, the authority to make commercial or noncommercial webcasting settlements under existing provisions.

settlement act prohibits court_of_appeals district_of_columbia taking act account review determination copyright royalty judges rates terms digital performance sound recordings recordings pursuant specified provisions defines provisions relating licenses reproduction performance sound recordings person entity obtained compulsory license specified provisions current law defines term person entity obtained compulsory license specified provisions eligible transmissions recordings terminates days enactment act authority commercial noncommercial settlements existing provisions


Summary: Requires the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office to extend the patent numbered 5,180,715 (relating to irrigation of internal bladder surfaces in mammals with sodium pentosanpolysulfate) for two additional years.

requires secretary commerce intellectual property director united_states patent trademark_office extend patent numbered relating irrigation internal surfaces mammals sodium additional years


Summary: Amends federal patent law to deny a patent for a tax planning method. Defines "tax planning method" as any method for reducing, minimizing, or deferring tax liability (not including tax preparation software).

amends federal patent law deny patent tax planning method defines tax planning method method reducing minimizing deferring tax liability including tax preparation software


Summary: Authorizes the Director of the United States Patent and Trademark Office (USPTO) to use funds made available for FY2009 under the Omnibus Appropriations Act, 2009 to support the processing of patents and other activities, services, and materials relating to patents, notwithstanding provisions restricting the use of such fees to activities relating trademark registrations, provided the Director certifies to Congress that the use of such funds is reasonably necessary to avoid USPTO furloughs or a reduction-in-force, or both, and does not create a substantial risk of a furlough or reduction-in-force of personnel working in the Trademark Operation of the USPTO. Requires the Director, on the exercise of that authority and notwithstanding any other law, to establish a surcharge on patent fees to repay any funds drawn down. Terminates such authority on June 30, 2010. Requires: (1) the surcharge to begin no later than September 30, 2011; and (2) the funds so used to be repaid to trademark operations not later than September 30, 2014.

authorizes director united_states patent trademark_office uspto use funds available fy2009 omnibus appropriations act support processing patents activities services materials relating patents notwithstanding provisions restricting use fees activities relating trademark registrations provided director certifies congress use funds reasonably necessary avoid uspto reduction force create substantial risk furlough reduction force personnel working trademark operation uspto requires director exercise authority notwithstanding law establish surcharge patent fees repay funds drawn terminates authority june requires surcharge begin later september funds repaid trademark operations later september


Summary: Amends Internal Revenue Code provisions relating to tax-exempt private activity bond financing to exempt from the definition of "private business use" rights to intellectual property created by scientific research conducted by a governmental unit or tax-exempt organization.

amends internal_revenue_code provisions relating tax exempt private activity bond financing exempt definition private business use rights intellectual property created scientific research conducted governmental unit tax exempt organization


Summary: Trademark Protection Act - Amends the Trademark Act of 1946 to allow civil suits against persons who use trademarks that are misleadingly misdirective as to origin. Defines "misleadingly misdirective as to origin" as referring to the use of a trademark, which has as an exclusive element the name of a state or municipality within a state, on or in connection with goods that are not or are no longer produced in whole or in part in such state or municipality or that do not contain a component produced in such state or municipality.

trademark protection act_-_amends trademark act allow civil suits persons use trademarks origin defines origin referring use trademark exclusive element state municipality state connection goods longer produced state municipality contain component produced state municipality


Summary: Trademark Technical and Conforming Amendment Act of 2010 - Amends the Act commonly known as the Lanham Act to replace references to "registrant" with references to "owner" in provisions: (1) making a certificate of registration prima facie evidence of the validity, registration, ownership, and exclusive rights to use a mark; and (2) relating to a registrant's surrender, cancellation, or amendment of registration. Requires, in the event of a surrender, cancellation, or amendment, that an appropriate entry be made on the records of the United States Patent and Trademark Office (USPTO) and on the certificate of registration. (Current law allows, when the certificate is lost or destroyed, such an entry to be made on a certified copy of the certificate.) Requires, when the USPTO makes a material mistake in a registration, that a certificate stating the fact and nature of the mistake be attached to each printed copy of the registration. (Current law requires that the certificate stating the mistake be attached to each printed copy of the registration certificate.) Replaces references to "registrant" with references to "owner" in provisions relating to the incontestability of the right to use a mark under certain conditions. Allows the holder of an international registration to appeal to the U.S. Court of Appeals for the Federal Circuit if the holder is dissatisfied with the decision of the Director or Trademark Trial and Appeal Board. Modifies requirements regarding the duration of registrations and related affidavits and fees. Requires a study and report to Congress on: (1) the extent to which small businesses may be harmed by litigation tactics by corporations attempting to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner; and (2) the best use of federal government services to protect trademarks and prevent counterfeiting.

trademark technical conforming amendment act amends act commonly known act replace references registrant references owner provisions making certificate registration prima facie evidence validity registration ownership exclusive rights use mark relating registrant surrender cancellation amendment registration requires event surrender cancellation amendment appropriate entry records united_states patent trademark_office uspto certificate registration current law allows certificate lost destroyed entry certified copy certificate requires uspto makes material registration certificate stating fact nature attached printed copy registration current law requires certificate stating attached printed copy registration certificate replaces references registrant references owner provisions relating right use mark certain conditions allows holder international registration appeal court_of_appeals federal_circuit holder decision director trademark trial appeal board modifies requirements duration registrations related affidavits fees requires study report congress extent small businesses harmed litigation tactics corporations attempting enforce trademark rights reasonable interpretation scope rights granted trademark owner best use federal_government services protect trademarks prevent counterfeiting


Summary: Amends federal patent law to revise the authorization of civil suits to collect one-half of the $500 penalty for false marking. Limits the right to file a civil action in a U.S. district court to persons who have suffered a competitive injury as a result of a violation of the prohibition against false marking. (Thus repeals the right of any person to sue for the penalty.) Allows a person who has suffered a competitive injury to file a civil action to recover damages adequate to compensate for the injury. (Current law allows any person to collect up to one-half of $500 for every such offense.)

amends federal patent law revise authorization civil suits collect half penalty false marking limits right file civil action district_court persons suffered competitive injury result violation prohibition false marking repeals right person sue penalty allows person suffered competitive injury file civil action recover damages adequate compensate injury current law allows person collect half offense


Summary: Patent and Trademark Office Funding Stabilization Act of 2010 - Authorizes the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (Director) to set or adjust patent and trademark fees in order to recover costs, including administrative costs, for patent and trademark processing, activities, services, and materials. Reduces such fees for micro and small entities. Terminates the Director's authority to establish and adjust fees upon the expiration of the 10-year period beginning on the date of enactment of this Act. Makes, as of October 1, 2011, funds for the United States Patent and Trademark Office available until expended. Establishes in the Treasury the United States Patent and Trademark Office Public Enterprise Fund. Revises patent service fees. Establishes a 15% patent fee surcharge through September 30, 2011.

patent trademark_office funding stabilization act authorizes secretary commerce intellectual property director united_states patent trademark_office director set adjust patent trademark fees order recover costs including administrative costs patent trademark processing activities services materials reduces fees micro small entities terminates director authority establish adjust fees expiration year period beginning date enactment act makes october funds united_states patent trademark_office available expended establishes treasury united_states patent trademark_office public enterprise fund revises patent service fees establishes patent fee surcharge september


Summary: Patent Lawsuit Reform Act of 2010 - Amends federal patent law to revise provisions concerning the fine for falsely marked articles (articles falsely labeled or advertised to deceive the public into believing such articles are patented) to specify that such fine is limited to $500, in the aggregate, for all offenses in connection with the same articles. Requires a person bringing a civil action against a violator to have suffered a competitive injury and limits such person's damages to $500.

patent lawsuit reform_act amends federal patent law revise provisions concerning fine falsely marked articles articles falsely labeled advertised deceive public believing articles patented specify fine limited aggregate offenses connection articles requires person bringing civil action violator suffered competitive injury limits person damages


Summary: Performance Rights Act - (Sec. 2) Amends federal copyright law to: (1) grant performers of sound recordings equal rights to compensation from terrestrial broadcasters (AM and FM radio); and (2) modify the circumstances under which the public performance of a sound recording is subject to statutory licensing. (Sec. 3) Establishes an annual flat fee in lieu of royalty payments for certain small, noncommercial, educational, and religious terrestrial broadcast stations that have annual revenues falling within specified ranges. Prohibits such annual fees from being taken into account in any Copyright Royalty Board rate-setting proceeding or in any other federal government proceeding. Includes broadcasts of religious services or incidental uses of musical sound recordings publicly by digital audio transmission among performances of a sound recording that are not copyright infringements. (Sec. 4) Provides a per program license option for terrestrial broadcast stations that make limited feature uses of sound recordings. (Sec. 5) Prohibits: (1) license fees payable for the public performance of sound recordings from being used in any governmental proceeding to set the license fees payable to copyright owners of musical works for the public performance of their works to adversely affect such license fees; (2) a licensee of a sound recording from publicly performing such sound recording unless a license has been granted for the public performance of any copyrighted musical work contained in the sound recording; (3) anything in this Act from adversely affecting the public performance rights or royalties payable to songwriters or copyright owners of musical works; and (4) rates established by the Copyright Royalty Judges for the public performance of sound recordings from being used in any governmental proceeding to adversely affect license fees payable to copyright owners of musical works for the public performance of their works by terrestrial broadcast stations. (Sec. 6) Entitles a featured recording artist who performs on a sound recording that has been licensed for public performance by means of an audio transmission to payments from the sound recording's copyright owner in accordance with the terms of the artist's contract. Requires: (1) sound recording copyright owners to deposit 1% of the receipts from their licensing of public performance rights by means of an audio transmission into the American Federation of Musicians and American Federation of Television and Radio Artists Intellectual Property Rights Distribution Fund for distribution to nonfeatured performers who have performed on sound recordings; and (2) the Fund to pay 50% to nonfeatured musicians and 50% to nonfeatured vocalists. (Sec. 7) Amends the standard for ephemeral/temporary copies of sound recording license rates to: (1) apply rates that represent the "willing buyer-willing seller" standard and sets forth guidelines for determining rates; and (2) provide that for transmissions pursuant to a public performance license rates shall be established covering the applicable public performances and the related making of phonorecords, and the royalty for the making of phonorecords used by the transmitting organization solely to facilitate transmissions for which it pays royalties shall constitute 5% of such payments.

performance rights act sec amends federal copyright law grant sound recordings equal rights compensation terrestrial broadcasters radio modify circumstances public performance sound recording subject statutory licensing sec establishes annual flat fee lieu royalty payments certain small noncommercial educational religious terrestrial broadcast stations annual revenues falling specified ranges prohibits annual fees taken account copyright royalty board rate setting proceeding federal_government proceeding includes broadcasts religious services incidental uses musical sound recordings publicly digital audio transmission performances sound recording copyright sec provides program license option terrestrial broadcast stations limited feature uses sound recordings sec prohibits license fees payable public performance sound recordings governmental proceeding set license fees payable copyright owners musical works public performance works adversely affect license fees licensee sound recording publicly performing sound recording license granted public performance copyrighted musical work contained sound recording act adversely affecting public performance rights royalties payable copyright owners musical works rates established copyright royalty judges public performance sound recordings governmental proceeding adversely affect license fees payable copyright owners musical works public performance works terrestrial broadcast stations sec entitles recording artist performs sound recording licensed public performance means audio transmission payments sound recording copyright owner accordance terms artist contract requires sound recording copyright owners deposit receipts licensing public performance rights means audio transmission american federation musicians american federation television radio artists intellectual property rights distribution fund distribution performed sound recordings fund pay musicians sec amends standard temporary copies sound recording license rates apply rates represent willing buyer willing seller standard sets forth guidelines determining rates provide transmissions pursuant public performance license rates shall established covering applicable public performances related making royalty making transmitting organization solely facilitate transmissions pays royalties shall constitute payments


Summary: Patent Reform Act of 2009 - (Sec. 2) Amends federal patent law to define "effective filing date of a claimed invention" as the filing date of the patent or the application for patent containing a claim to the invention (thus establishing a first-to-file system). Revises the conditions for patentability. Repeals provisions relating to: (1) inventions made abroad; (2) statutory invention registration; and (3) interfering patent remedies. Revises derivation proceeding procedures and policies. Makes (to the extent consistent with U.S. obligations under international agreements) patent examination and search duties sovereign functions. Requires that those functions be performed within the United States by U.S. citizens who are federal employees. (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 a court to receive expert testimony as an aid to the determination of damages or reasonable royalties. Limits treble damages to cases in which the court finds willful infringement. Requires that the patent owner present by clear and convincing evidence that a willful violator acted with objective recklessness. Bars a finding of willful infringement in certain circumstances. (Sec. 5) Allows any person, at any time, to cite to the U.S. Patent and Trademark Office (USPTO) written statements the patent owner filed in a proceeding before a federal court or the USPTO in which the patent owner takes a position on the scope of one or more patent claims. Requires, on written request of the person making the citation, that that person's identity be kept confidential. Allows a reexamination to be granted on the basis of a citation by any person other than the patent owner. Revises procedures for conducting inter partes reexamination proceedings. Allows a person who is not the patent owner to petition for cancellation and in a variety of other ways regulates procedures relating to post-grant review proceedings. Amends the Intellectual Property and Communications Omnibus Reform Act of 1999 to repeal a provision estopping a party who requests an inter partes reexamination under specified provisions from challenging, at a later time, any fact determined during the reexamination, subject to exception. (Sec. 6) Replaces the Board of Patent Appeals and Interferences with the Patent Trial and Appeal Board, requiring that it: (1) review adverse decisions on applications and reexamination proceedings; and (2) conduct derivation proceedings and post-grant opposition proceedings. (Sec. 7) Allows any person to submit any publication of potential relevance to a patent application. (Sec. 8) Requires a district court to transfer a civil patent action if the transferee venue is clearly more convenient than the venue in which the action is pending. 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 USPTO Director to set or adjust the fees the office charges under specified provisions. (Sec. 10) Revises provisions concerning the residency of federal circuit judges and the facilities and administrative support which must be provided to them. (Sec. 11) Defines the term "micro-entity" for both an assigned and unassigned application, including specifying for both that an entity qualifies as a small entity if it is so defined in regulations issued by the USPTO Director and has not been named on five or more previously filed patent applications. (Sec. 12) 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. 13) Removes a provision limiting to two years the period during which any federal agency may, notwithstanding any other provisions relating to travel and subsistence expenses, pay travel expenses in lieu of any payment otherwise authorized or required under those provisions. Requires the USPTO to conduct a test program under which it may, in certain circumstances involving telework, pay travel expenses of a USPTO employee in lieu of such other payments. Terminates test authority in 2018. (Sec. 14) 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. 15) Establishes a program in selected U.S. district courts under which cases involving patent or plant variety protection issues are assigned to judges randomly, with judges who have not requested to hear such cases allowed to decline cases. Terminates the program after 10 years.

patent reform_act sec amends federal patent law define effective filing date claimed invention filing date patent application patent containing claim invention establishing file system revises conditions repeals provisions relating inventions abroad statutory invention registration interfering patent remedies revises proceeding procedures policies makes extent consistent obligations international agreements patent examination search duties sovereign functions requires functions performed united_states citizens federal employees sec modifies requirements oath declaration required allows person assigned obligation assign invention application patent sec allows court receive expert testimony aid determination damages reasonable royalties limits treble damages cases court finds willful infringement requires patent owner present clear convincing evidence willful violator acted objective bars finding willful infringement certain circumstances sec allows person time cite patent trademark_office uspto written statements patent owner filed proceeding federal court uspto patent owner takes position scope patent claims requires written request person making citation person identity kept confidential allows granted basis citation person patent owner revises procedures conducting inter proceedings allows person patent owner petition cancellation variety ways regulates procedures relating post grant review proceedings amends intellectual property communications omnibus reform_act repeal provision party requests inter specified provisions challenging later time fact determined subject exception sec replaces board patent appeals patent trial appeal board requiring review adverse decisions applications proceedings conduct proceedings post grant opposition proceedings sec allows person submit publication potential relevance patent application sec requires district_court transfer civil patent action transferee venue clearly convenient venue action pending 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 uspto director set adjust fees office charges specified provisions sec revises provisions concerning residency federal_circuit judges facilities administrative support provided sec defines term micro entity assigned application including specifying entity qualifies small entity defined regulations issued uspto director named previously filed patent applications 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 removes provision limiting years period federal agency notwithstanding provisions relating travel subsistence expenses pay travel expenses lieu payment authorized required provisions requires uspto conduct test program certain circumstances involving telework pay travel expenses uspto employee lieu payments terminates test authority sec prohibits failure disclose best mode basis claim patent canceled held invalid unenforceable sec establishes program selected district_courts cases involving patent plant variety protection issues assigned judges randomly judges requested hear cases allowed decline cases terminates program years


Summary: Patent Reform Act of 2009 - Amends federal patent law to rewrite provisions concerning the conditions for patentability. Defines "effective filing date of a claimed invention" as the filing date of the patent or the application for patent containing the claim to the invention (thus establishing a first-to-file system). Revises various other rights and requirements related to patents, including regarding: (1) damages; (2) post-grant procedures; (3) citation of prior art; (4) inter partes reexaminations; (5) submissions by third parties; (6) venue; (7) the regulatory authority of the Patent and Trademark Office; and (8) inequitable conduct. Replaces the Board of Patent Appeals and Interferences with the Patent Trial and Appeal Board. Shields a financial institution that infringes by using a check collection system from the infringement remedies of civil actions, injunctions, damages, and attorney's fees, but does not (in specified circumstances) limit the enforcement rights of the patent's original owner. Applies the amendment made by this paragraph to any civil action for infringement pending or filed on or after the date of enactment of this Act. Establishes a revolving fund to be known as the United States Patent and Trademark Office Public Enterprise Fund. Deposits into the Fund fees received under specified provisions and makes Fund amounts available for all expenses of the U.S. Patent and Trademark Office (USPTO).

patent reform_act amends federal patent law provisions concerning conditions defines effective filing date claimed invention filing date patent application patent containing claim invention establishing file system revises rights requirements related patents including damages post grant procedures citation prior art inter submissions parties venue regulatory authority patent trademark_office conduct replaces board patent appeals patent trial appeal board shields financial institution infringes check collection system infringement remedies civil actions injunctions damages attorney fees specified circumstances limit enforcement rights patent original owner applies amendment paragraph civil action infringement pending filed date enactment act establishes revolving fund known united_states patent trademark_office public enterprise fund deposits fund fees received specified provisions makes fund amounts available expenses patent trademark_office uspto


Summary: Authorizes the Director of the United States Patent and Trademark Office (USPTO) to use funds made available under provisions of the Act commonly known as the Trademark Act of 1946 (relating to fees) to support the processing of patents and other activities, services, and materials relating to patents, notwithstanding provisions restricting the use of such fees to activities relating trademark registrations, if: (1) the Director certifies to Congress that the use of such funds is reasonably necessary to avoid USPTO furloughs or a reduction-in-force, or both; and (2) funds so used are repaid to trademark operations not later than September 30, 2011. Terminates such authority on June 30, 2010.

authorizes director united_states patent trademark_office uspto use funds available provisions act commonly known trademark act relating fees support processing patents activities services materials relating patents notwithstanding provisions restricting use fees activities relating trademark registrations director certifies congress use funds reasonably necessary avoid uspto reduction force funds repaid trademark operations later september terminates authority june


Summary: Access to Repair Parts Act - Makes it not an act of infringement of any design patent to make, use, offer to sell, sell, or import into the United States any article that is a component part of another article, if the sole purpose of the component part is for the repair of the article of which it is a part so as to restore its original appearance.

access repair parts act makes act infringement design patent use offer sell sell import united_states article component article sole purpose component repair article restore original appearance


Summary: Directs the Chief Counsel for Advocacy of the Small Business Administration (SBA) to study, and report to the congressional small business and judiciary committees on, the effects on the ability of small businesses to obtain patents that would result from changing from a first-to-invent to a first-to-file invention priority system under federal patent law.

directs chief counsel advocacy small_business_administration sba study report congressional small business judiciary_committees effects ability small businesses obtain patents result changing file invention priority system federal patent law


Summary: Copyright Cleanup, Clarification, and Corrections Act of 2010 - Eliminates the requirement that the Register of Copyrights maintain a directory of agents available to the public for inspection in both electronic and hard copy formats. (Maintains only the requirement that the directory be available through the Internet.) Authorizes a sworn or official certification to be electronically submitted to the Copyright Office. Repeals provisions providing that, prior to July 1, 1986, the importation into or public distribution in the United States of copies of a protected work consisting preponderantly of nondramatic literary material that is in the English language is prohibited unless the portions consisting of such material have been manufactured in the United States or Canada, subject to specified conditions and exceptions. Provides that the distribution of a phonorecord prior to 1978 shall not constitute a publication of the musical, dramatic, or literary work embodied therein. (Current law refers only to musical works.) Subjects all regulations issued by the Copyright Royalty Judges to Librarian of Congress approval and judicial review. (Under current law all regulations issued by the Copyright Royalty Judges are subject to the approval of the Librarian of Congress, but not to judicial review.)

copyright cleanup clarification corrections act eliminates requirement register copyrights maintain directory agents available public inspection electronic hard copy formats maintains requirement directory available internet authorizes sworn official certification electronically submitted copyright office repeals provisions providing prior july importation public distribution united_states copies protected work consisting literary material english language prohibited portions consisting material manufactured united_states canada subject specified conditions exceptions provides distribution prior shall constitute publication musical literary work embodied current law refers musical works subjects regulations issued copyright royalty judges librarian congress approval judicial review current law regulations issued copyright royalty judges subject approval librarian congress judicial review


Summary: Innovative Design Protection and Piracy Prevention Act - (Sec. 2) Extends copyright protection to fashion designs. Revises the definition of "useful article" to include an article of apparel. Defines "apparel" as articles including clothing, handbags, purses, wallets, tote bags, belts, and eyeglass frames. Excludes from protection designs embodied in a useful article that was made public by the designer or owner: (1) more than two years before the date of the application for registration in the case of a vessel hull design; and (2) more than three years before the date upon which protection of the design is asserted in the case of a fashion design. Prohibits considering the presence or absence of a particular color or of a pictorial or graphic work imprinted on fabric when determining the protection of a fashion design. Sets the term of protection at 3 years for a fashion design and 10 years for a design of a vessel hull. Revises provisions concerning acting without knowledge to state that it is not infringement to make, have made, import, sell, offer for sale, advertise, or distribute any article embodying a design which was created without knowledge, either actual or reasonably inferred from the totality of the circumstances, that a design was protected and was copied from such protected design. Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design. Prohibits deeming a fashion design to have been copied from a protected design if it: (1) is not substantially identical in overall visual appearance to and as to the original elements of a protected design; or (2) is the result of independent creation. Declares that it is not an infringement for a person to produce a single copy of a protected design for personal use or for the use of an immediate family member, if that copy is not offered for sale or use in trade during the protection period. Rewrites provisions concerning the remedy for infringement to state, in general, that: (1) in the case of a vessel hull, the owner of a design is entitled, after issuance of a certificate of registration of the design, to institute an action for any infringement of the design; and (2) in the case of a fashion design, the owner of a design is entitled to institute an action for any infringement of the design after the design is made public. Sets forth pleading requirements for a claimant in an action for fashion design infringement. Increases the penalty for false representation. Excludes protected fashion designs from: (1) importation enforcement regulations issued by the Secretary of the Treasury and the U.S. Postal Service; and (2) seizure and forfeiture provisions. Limits the applicability of such regulations and provisions to specified vessel hulls.

innovative design protection piracy prevention act sec extends copyright protection fashion designs revises definition useful article include article apparel defines apparel articles including clothing bags belts frames excludes protection designs embodied useful article public designer owner years date application registration case vessel hull design years date protection design asserted case fashion design prohibits considering presence absence particular color work fabric determining protection fashion design sets term protection years fashion design years design vessel hull revises provisions concerning acting knowledge state infringement import sell offer sale advertise distribute article design created knowledge actual reasonably totality circumstances design protected copied protected design prohibits deeming vessel hull design copied protected design original substantially similar appearance protected design prohibits deeming fashion design copied protected design substantially identical overall visual appearance original elements protected design result independent creation declares infringement person produce single copy protected design personal use use immediate family member copy offered sale use trade protection period rewrites provisions concerning remedy infringement state general case vessel hull owner design entitled issuance certificate registration design institute action infringement design case fashion design owner design entitled institute action infringement design design public sets forth pleading requirements claimant action fashion design infringement increases penalty false representation excludes protected fashion designs importation enforcement regulations issued secretary treasury postal_service seizure forfeiture provisions limits applicability regulations provisions specified vessel


Summary: Seed Availability and Competition Act of 2011 - Permits a person who plants patented seed or seed derived from patented seed to retain harvested seed for replanting by such person if that person: (1) notifies the Secretary of Agriculture (USDA) of the type and quantity of seed to be retained; and (2) pays the appropriate fee established by the Secretary. Establishes the Patented Seed Fund in the Treasury into which such fees shall be deposited and from which the Secretary shall pay appropriate fees to patent holders. Imposes an additional duty on the imported product of exported genetically modified seed on which royalties or other fees are charged by the patent owner to purchasers of the seed in the United States and on which no fees or lesser fees are charged to purchasers of the exported seed in a foreign country. Requires that such duties be deposited in the Fund for distribution to the appropriate patent holders.

seed availability competition act permits person plants patented seed seed derived patented seed retain harvested seed replanting person person notifies secretary agriculture usda type quantity seed retained pays appropriate fee established secretary establishes patented seed fund treasury fees shall deposited secretary shall pay appropriate fees patent holders imposes additional duty imported product exported genetically modified seed royalties fees charged patent owner purchasers seed united_states fees lesser fees charged purchasers exported seed foreign country requires duties deposited fund distribution appropriate patent holders


Summary: Patent Continuing Disclosure Act - Amends federal patent law to prohibit fining for false marking (counterfeiting or imitating patent marks to deceive the public into believing articles are patented) any person who makes, uses, offers for sale, or sells within or imports into the United States, an expired patent item affixed with the word "patent" (along with the U.S. Patent and Trademark Office [USPTO] patent number granted to that person) if, after the expiration of the patent: (1) there is no change in the manufacturing or production process, or (2) the word "expired" is placed before the word "patent" (or the patent number) when a change in the manufacturing or production process occurs. Defines the term "change in the manufacturing or production process" as an intentional expansion, enhancement, improvement, or repair, that suspends, for a period of at least 24 hours, the normal operating procedures through which the item is assembled, made, crafted, manufactured, built, or fabricated from individual components or raw materials, or both.

patent continuing disclosure act_-_amends federal patent law prohibit false marking counterfeiting patent marks deceive public believing articles patented person makes uses offers sale sells imports united_states expired patent item affixed word patent patent trademark_office uspto patent number granted person expiration patent change manufacturing production process word expired placed word patent patent number change manufacturing production process occurs defines term change manufacturing production process intentional expansion enhancement improvement repair suspends period hours normal operating procedures item assembled manufactured built fabricated individual components raw materials


Summary: (This measure has not been amended since it was passed by the House on June 23, 2011. The summary of that version is repeated here.) Leahy-Smith America Invents Act - (Sec. 3) 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 with a "first inventor to file" 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 before the end of a specified one-year period. Sets forth derived patent provisions. 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. Expresses the sense of Congress that converting from a "first to invent" to a "first inventor to file" patent registration system will: (1) provide inventors with greater certainty regarding the scope of protection, and (2) promote international uniformity by harmonizing the U.S. patent system with systems commonly used in other countries with whom the United States conducts trade. (Sec. 4) 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. 5) Replaces the earlier inventor to file defense to infringement for business methods with enumerated personal defenses available in actions involving validity or infringement, under specified conditions and subject to exceptions, with respect to subject matter consisting of a process, or of a machine, manufacture, or composition of matter used in a manufacturing or other commercial process, that would otherwise infringe a claimed invention being asserted if: (1) the person commercially used the subject matter in the United States, either in connection with an internal commercial use or an actual arm's length sale or other arm's length commercial transfer of a useful end result of such commercial use; and (2) the commercial use occurred at least one year before the earlier of either the effective filing date of the claimed invention or the date on which the claimed invention was disclosed to the public in a manner that qualified as an exception from prior art. Sets forth guidelines for assessing commercial use in a premarketing regulatory review period and by nonprofit research laboratories or entities. Prohibits certain institutions of higher education and technology transfer organizations from asserting such defenses. Restricts transfers of the right to assert such defenses. Prohibits deeming a patent invalid on novelty or non-obvious subject matter grounds solely because such prior commercial use defenses are raised or established. (Sec. 6) 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 U.S. Patent and Trademark Office (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 institution of, and issuance of a final written decision for, each post-grant and inter partes review. Prohibits the USPTO Director (defined as the Under Secretary of Commerce for Intellectual Property and USPTO Director) from authorizing: (1) inter partes review unless the petition shows a reasonable likelihood that the petitioner would prevail with respect to 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. Disallows: (1) post-grant review and inter partes review if the petitioner (or real party in interest) has filed a related civil action before filing the petition, and (2) inter partes review if the petition is filed more than one year after the petitioner 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 that result in a final Board decision. 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. Sets forth the standards applicable to inter partes reexamination during the intervening period between the enactment of this Act and the effective date of inter partes review. (Sec. 7) 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. 8) Allows any third party to submit any publication of potential relevance to a patent application (commonly referred to as preissuance submissions). (Sec. 10) Authorizes the Director, for a seven-year period and subject to conditions, to set or adjust by rule any fee established, authorized, or charged by the USPTO under specified federal patent and trademark laws. Requires the Director to notify Congress of (and publish in the Federal Register) certain proposed fee changes. Reduces certain fees to qualified small entities (including fees for prioritized examination of utility and plant applications) and any micro entity. 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 as an inventor on more than four 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 with gross income exceeding such limit. Authorizes the Director to impose income, annual filing, and other micro entity qualification limits under provisions related to institutions of higher education. Establishes an additional fee of $400 for original patent applications filed non-electronically. (Sec. 11) Sets forth fees for filing, excess claims, examination, issue, disclaimer, appeal, revival, extension, maintenance, patent search, small entity, national fees (for certain international applications), and other specified fees. Establishes prioritized examination fees and a 15% surcharge for specified fees to be credited to the U.S. Patent and Trademark Appropriation Account, remain available until expended, and used only for specified expenses relating to patent applications. Terminates such surcharges and prioritized examination fees on the effective date of the setting or adjustment of the underlying fee pursuant to the Director's exercise of authority under section 10 of this Act for the first time with respect to that fee. (Sec. 12) 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. Requires the Director to confidentially refer to the Attorney General (DOJ) any material fraud on the USPTO that may have been committed in connection with a patent when the Director becomes aware of such fraud during an ordered supplemental examination or reexamination proceeding. (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. 16) 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. Requires the Director, within three years, to report to Congress on the ability of the public to obtain information from such virtual marking and related legal issues. Revises provisions addressing false marking actions to: (1) prohibit anyone other than the United States from suing for the applicable penalty, and (2) allow only a person who has suffered a competitive injury to file a civil action for recovery of damages adequate to compensate for the injury. (Current law allows any person to sue for a penalty of $500 for every such offense, in which event one-half is awarded to the person and one-half to the United States.) Exempts from false marking liability virtual markings with matter relating to a patent that covered that product but has expired. (Sec. 17) Bars using an accused infringer's failure to obtain the advice of counsel to prove that any infringement was willful or induced. (Sec. 18) Requires the Director to establish, with specified standards and procedures, an eight-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 or other operations used in the practice, administration, or management of a financial product or service, except technological inventions). (Sec. 19) Amends the federal judicial code to deny 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. Adds procedural provisions regarding joinder of accused infringers in patent cases. 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. (Sec. 21) Permits the USPTO to pay subsistence and travel-related expenses of persons attending certain USPTO-conducted intellectual property programs who are not federal employees. Authorizes the Director to fix a basic pay rate below a certain level for administrative patent and trademark judges appointed under specified provisions. (Sec. 22) Establishes in the Treasury a Patent and Trademark Fee Reserve Fund in which any USPTO fee collections for a fiscal year in excess of the amount appropriated for that fiscal year must be deposited. Directs, to the extent and in the amounts provided in appropriations Acts, amounts in the Fund to be available until expended only for obligation and expenditure by the USPTO in accordance with provisions requiring: (1) specified patent fees and any related surcharges to be used only for expenses relating to processing patent applications and other activities, services, and materials relating to patents and to cover a share of administrative costs; and (2) specified trademark fees collected under the Trademark Act of 1946 and any related surcharges to be used only for such costs relating to trademarks. (Sec. 23) Requires the Director, within a three-year period using specified criteria, to establish at least three U.S. satellite offices for the USPTO and submit a related report to Congress. (Sec. 24) Designates the satellite office to be located in Detroit, Michigan, as the "Elijah J. McCoy United States Patent and Trademark Office." (Sec. 25) 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 economy or national competitiveness without recovering the aggregate extra cost of providing such prioritization. (Sec. 26) Requires the Director, within four years, to submit a report to Congress assessing federal patent policies, the implementation of this Act, competitiveness of U.S. markets, and access to capital for investment by small businesses. (Sec. 27) Requires the Director to conduct a study and report to Congress on effective ways to provide independent, confirming genetic diagnostic test activity where gene patents and exclusive licensing for primary genetic diagnostic tests exist. Defines confirming genetic diagnostic test activity as the performance of a genetic diagnostic test, by a genetic diagnostic test provider, on an individual solely for the purpose of providing the individual with an independent confirmation of results obtained from another test providers prior performance of the test on the individual. (Sec. 28) Requires the Director to establish a Patent Ombudsman Program using available resources. (Sec. 29) Directs the Director to establish methods for studying the diversity of patent applicants, including applicants who are minorities, women, or veterans. Prohibits using the results to provide any preferential treatment to patent applicants. (Sec. 30) Expresses the sense of Congress that the patent system should protect small businesses and inventors from predatory behavior that could result in cutting off innovation. (Sec. 31) Requires the Director to study and report to Congress on how the USPTO, in coordination with other federal agencies, can help small businesses with international patent protection and whether a revolving fund loan or grant program should be established to help pay the costs of filing, maintaining, and enforcing such international patent applications. (Sec. 32) Directs the Director to support intellectual property law associations in establishing pro bono programs to assist financially under-resourced independent inventors and small businesses. (Sec. 33) Prohibits issuing a patent on a claim directed to or encompassing a human organism in any application pending or filed on or after the enactment of this Act. (Sec. 34) Directs the Comptroller General (GAO) to submit a report on the consequences of litigation by non-practicing entities, or by patent assertion entities, related to patent claims under specified federal patent laws and regulations. (Sec. 35) Declares that this Act shall take effect one year after enactment and apply to any patent issued on or after that effective date, except as otherwise provided. (Sec. 37) Sets forth a provision concerning calculation of the filing period for patent extension applications related to drug products and certain other items subject to regulation under the Federal Food, Drug, and Cosmetic Act.

measure amended passed house june summary version repeated smith 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 file 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 end specified year period sets forth derived patent provisions 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 expresses sense congress converting file patent registration system provide greater certainty scope protection promote international uniformity patent system systems commonly countries united_states conducts trade sec modifies requirements oath declaration required allows person assigned obligation assign invention application patent sec replaces earlier file defense infringement business methods enumerated personal defenses available actions involving validity infringement specified conditions subject exceptions respect subject matter consisting process machine manufacture composition matter manufacturing commercial process infringe claimed invention asserted person commercially subject matter united_states connection internal commercial use actual arm length sale arm length commercial transfer useful end result commercial use commercial use occurred year earlier effective filing date claimed invention date claimed invention disclosed public manner qualified exception prior art sets forth guidelines assessing commercial use regulatory review period nonprofit research laboratories entities prohibits certain institutions higher education technology transfer organizations asserting defenses restricts transfers right assert defenses prohibits deeming patent invalid non subject matter grounds solely prior commercial use defenses raised established sec allows person patent owner request cancel claims patent filing petition patent trademark_office 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 institution issuance final written decision post grant inter review prohibits uspto director defined secretary commerce intellectual property uspto director authorizing inter review petition shows reasonable likelihood petitioner prevail respect challenged claims post grant review information petition rebutted demonstrate likely challenged claims petition raises novel legal question important patents applications disallows post grant review inter review petitioner real party interest filed related civil action filing petition inter review petition filed year petitioner served complaint alleging infringement prohibits petitioner asserting claims certain proceedings uspto international_trade_commission itc specified civil actions claims raised reasonably raised respective reviews result final board decision 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 sets forth standards applicable inter intervening period enactment act effective date inter review 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 commonly referred submissions sec authorizes director seven year period subject conditions set adjust rule fee established authorized charged uspto specified federal patent trademark laws requires director notify congress publish federal_register certain proposed fee changes reduces certain fees qualified small entities including fees prioritized examination utility plant applications micro entity 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 gross income exceeding limit authorizes director impose income annual filing micro entity qualification limits provisions related institutions higher education establishes additional fee original patent applications filed non electronically sec sets forth fees filing excess claims examination issue disclaimer appeal extension maintenance patent search small entity national fees certain international applications specified fees establishes prioritized examination fees surcharge specified fees credited patent trademark appropriation account remain available expended specified expenses relating patent applications terminates surcharges prioritized examination fees effective date setting adjustment underlying fee pursuant director exercise authority section act time respect fee sec establishes supplemental examinations consider reconsider correct information requires director order substantial new question raised item information request requires director confidentially refer attorney general doj material fraud uspto committed connection patent director aware fraud ordered supplemental examination proceeding 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 allows virtual markings markings direct public freely accessible internet address patented article associated patent number provide public notice article patented requires director years report congress ability public obtain information virtual marking related legal issues revises provisions addressing false marking actions prohibit united_states applicable penalty allow person suffered competitive injury file civil action recovery damages adequate compensate injury current law allows person sue penalty offense event half awarded person half united_states exempts false marking liability virtual markings matter relating patent covered product expired sec bars accused failure obtain advice counsel prove infringement willful induced 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 practice administration management financial product service technological inventions sec 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 adds procedural provisions accused patent cases provides removal district_court legal actions involving patents plant variety protection copyrights remand unrelated matters sec permits uspto pay subsistence travel related expenses persons attending certain uspto conducted intellectual property programs federal employees authorizes director fix basic pay rate certain level administrative patent trademark judges appointed specified provisions sec establishes treasury patent trademark fee reserve fund uspto fee collections fiscal year excess appropriated fiscal year deposited directs extent amounts provided appropriations acts amounts fund available expended obligation expenditure uspto accordance provisions requiring specified patent fees related surcharges expenses relating processing patent applications activities services materials relating patents cover share administrative costs specified trademark fees collected trademark act related surcharges costs relating trademarks sec requires director year period specified criteria establish satellite offices uspto submit related report congress sec designates satellite office located detroit michigan united_states patent trademark_office sec authorizes uspto establish regulations providing request applicant prioritized examination applications products processes technologies important economy national competitiveness recovering aggregate extra cost providing prioritization sec requires director years submit report congress assessing federal patent policies implementation act competitiveness markets access capital investment small businesses sec requires director conduct study report congress effective ways provide independent confirming genetic diagnostic test activity patents exclusive licensing primary genetic diagnostic tests exist defines genetic diagnostic test performance genetic diagnostic test genetic diagnostic test provider individual solely purpose providing individual independent confirmation results obtained test prior performance test individual sec requires director establish patent ombudsman program available resources sec directs director establish methods studying diversity patent applicants including applicants minorities women veterans prohibits results provide preferential treatment patent applicants sec expresses sense congress patent system protect small businesses predatory behavior result cutting innovation sec requires director study report congress uspto coordination federal agencies help small businesses international patent protection revolving fund loan grant program established help pay costs filing maintaining enforcing international patent applications sec directs director support intellectual property law associations establishing pro bono programs assist financially independent small businesses sec prohibits issuing patent claim directed encompassing human organism application pending filed enactment act sec directs comptroller_general gao submit report consequences litigation non practicing entities patent assertion entities related patent claims specified federal patent laws regulations sec declares act shall effect year enactment apply patent issued effective date provided sec sets forth provision concerning calculation filing period patent extension applications related drug products certain items subject regulation federal food drug cosmetic act


Summary: Affirms and validates a specified patent and its 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 their habitat. Ratifies: (1) the process used by the U.S. Fish and Wildlife Service and the BLM for the reconfiguration of those lands 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 habitat ratifies process fish_and_wildlife_service blm lands shown specified environmental impact statement provided specified army_corps_of_engineers permit


Summary: Directs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) to: (1) study ways to provide independent, confirming genetic diagnostic test activity where gene patents and exclusive licensing for primary genetic diagnostic tests exist; and (2) report the findings to Congress within nine months along with recommendations for establishing the availability of such independent confirming genetic diagnostic test activity. Defines confirming genetic diagnostic test activity as the performance of a genetic diagnostic test, by a genetic diagnostic test provider, on an individual solely for the purpose of providing the individual with an independent confirmation of results obtained from another test providers prior performance of the test on the individual.

directs secretary commerce intellectual property director patent trademark_office uspto study ways provide independent confirming genetic diagnostic test activity patents exclusive licensing primary genetic diagnostic tests exist report findings congress months recommendations establishing availability independent confirming genetic diagnostic test activity defines genetic diagnostic test performance genetic diagnostic test genetic diagnostic test provider individual solely purpose providing individual independent confirmation results obtained test prior performance test individual


Summary: Innovative Design Protection and Piracy Prevention Act - Extends copyright protection to fashion designs. Revises the definition of "useful article" to include an article of apparel (clothing, handbags, purses, wallets, tote bags, belts, and eyeglass frames). Excludes from protection designs embodied in a useful article made public by the designer or owner: (1) more than two years before the date of the application for registration in the case of a vessel hull design, and (2) more than three years before the date upon which protection of the design is asserted in the case of a fashion design. Prohibits considering the presence or absence of a particular color or of a pictorial or graphic work imprinted on fabric when determining the protection of a fashion design. Sets the term of protection at 3 years for a fashion design and 10 years for a design of a vessel hull. Revises provisions concerning acting without knowledge to state that it is not infringement to make, have made, import, sell, offer for sale, advertise, or distribute any article embodying a design which was created without knowledge, either actual or reasonably inferred from the totality of the circumstances, that a design was protected and was copied from such protected design. Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design. Prohibits deeming a fashion design to have been copied from a protected design if it: (1) is not substantially identical in overall visual appearance to and as to the original elements of a protected design, or (2) is the result of independent creation. Rewrites the remedy for infringement to state, in general, that: (1) in the case of a vessel hull, the owner of a design is entitled, after issuance of a certificate of registration of the design, to institute an action for any infringement of the design; and (2) in the case of a fashion design, the owner of a design is entitled to institute an action for any infringement of the design after the design is made public. Increases the penalty for false representation. Excludes protected fashion designs from: (1) importation enforcement regulations issued by the Secretary of the Treasury and the U.S. Postal Service, and (2) seizure and forfeiture provisions. Limits the applicability of such regulations and provisions to specified vessel hulls.

innovative design protection piracy prevention act extends copyright protection fashion designs revises definition useful article include article apparel clothing bags belts frames excludes protection designs embodied useful article public designer owner years date application registration case vessel hull design years date protection design asserted case fashion design prohibits considering presence absence particular color work fabric determining protection fashion design sets term protection years fashion design years design vessel hull revises provisions concerning acting knowledge state infringement import sell offer sale advertise distribute article design created knowledge actual reasonably totality circumstances design protected copied protected design prohibits deeming vessel hull design copied protected design original substantially similar appearance protected design prohibits deeming fashion design copied protected design substantially identical overall visual appearance original elements protected design result independent creation rewrites remedy infringement state general case vessel hull owner design entitled issuance certificate registration design institute action infringement design case fashion design owner design entitled institute action infringement design design public increases penalty false representation excludes protected fashion designs importation enforcement regulations issued secretary treasury postal_service seizure forfeiture provisions limits applicability regulations provisions specified vessel


Summary: Sound Recording Simplification Act - Amends federal copyright law to remove a provision that, with respect to sound recordings fixed before February 15, 1972, prohibits: (1) any rights or remedies under the common law or statutes of any state from being annulled or limited by federal copyright law until February 15, 2067; and (2) subjecting such sound recordings fixed before February 15, 1972, to federal copyright before, on, or after February 15, 2067.

sound recording simplification act_-_amends federal copyright law remove provision respect sound recordings fixed february prohibits rights remedies common law statutes state limited federal copyright law february subjecting sound recordings fixed february federal copyright february


Summary: Stop Online Piracy Act - Authorizes the Attorney General (AG) to seek a court order against a U.S.-directed foreign Internet site committing or facilitating online piracy to require the owner, operator, or domain name registrant, or the site or domain name itself if such persons are unable to be found, to cease and desist further activities constituting specified intellectual property offenses under the federal criminal code including criminal copyright infringement, unauthorized fixation and trafficking of sound recordings or videos of live musical performances, the recording of exhibited motion pictures, or trafficking in counterfeit labels, goods, or services. Sets forth an additional two-step process that allows an intellectual property right holder harmed by a U.S.-directed site dedicated to infringement, or a site promoted or used for infringement under certain circumstances, to first provide a written notification identifying the site to related payment network providers and Internet advertising services requiring such entities to forward the notification and suspend their services to such an identified site unless the site's owner, operator, or domain name registrant, upon receiving the forwarded notification, provides a counter notification explaining that it is not dedicated to engaging in specified violations. Authorizes the right holder to then commence an action for limited injunctive relief against the owner, operator, or domain name registrant, or against the site or domain name itself if such persons are unable to be found, if: (1) such a counter notification is provided (and, if it is a foreign site, includes consent to U.S. jurisdiction to adjudicate whether the site is dedicated to such violations), or (2) a payment network provider or Internet advertising service fails to suspend its services in the absence of such a counter notification. Requires online service providers, Internet search engines, payment network providers, and Internet advertising services, upon receiving a copy of a court order relating to an AG action, to carry out certain preventative measures including withholding services from an infringing site or preventing users located in the United States from accessing the infringing site. Requires payment network providers and Internet advertising services, upon receiving a copy of such an order relating to a right holder's action, to carry out similar preventative measures. Provides immunity from liability for service providers, payment network providers, Internet advertising services, advertisers, Internet search engines, domain name registries, or domain name registrars that take actions required by this Act or otherwise voluntarily block access to or end financial affiliation with such sites. Permits such entities to stop or refuse services to certain sites that endanger public health by distributing prescription medication that is adulterated, misbranded, or without a valid prescription. Expands the offense of criminal copyright infringement to include public performances of: (1) copyrighted work by digital transmission, and (2) work intended for commercial dissemination by making it available on a computer network. Expands the criminal offenses of trafficking in inherently dangerous goods or services to include: (1) counterfeit drugs; and (2) goods or services falsely identified as meeting military standards or intended for use in a national security, law enforcement, or critical infrastructure application. Increases the penalties for: (1) specified trade secret offenses intended to benefit a foreign government, instrumentality, or agent; and (2) various other intellectual property offenses as amended by this Act. Directs the U.S. Sentencing Commission to review, and if appropriate, amend related Federal Sentencing Guidelines. Requires the Secretary of State and Secretary of Commerce to appoint at least one intellectual property attache to be assigned to the U.S. embassy or diplomatic mission in a country in each geographic region covered by a Department of State regional bureau.

stop online piracy act_-_authorizes attorney general seek court order foreign internet site committing facilitating online piracy require owner operator domain registrant site domain persons unable found cease desist activities constituting specified intellectual property offenses federal criminal code including criminal copyright infringement unauthorized trafficking sound recordings videos live musical performances recording motion pictures trafficking counterfeit labels goods services sets forth additional step process allows intellectual property right holder harmed site dedicated infringement site promoted infringement certain circumstances provide written notification identifying site related payment network providers internet advertising services requiring entities forward notification suspend services identified site site owner operator domain registrant receiving forwarded notification provides counter notification explaining dedicated engaging specified violations authorizes right holder commence action limited injunctive relief owner operator domain registrant site domain persons unable found counter notification provided foreign site includes consent jurisdiction adjudicate site dedicated violations payment network provider internet advertising service fails suspend services absence counter notification requires online service providers internet search engines payment network providers internet advertising services receiving copy court order relating action carry certain preventative measures including withholding services infringing site preventing users located united_states accessing infringing site requires payment network providers internet advertising services receiving copy order relating right holder action carry similar preventative measures provides immunity liability service providers payment network providers internet advertising services internet search engines domain registries domain actions required act voluntarily block access end financial affiliation sites permits entities stop refuse services certain sites endanger public health distributing prescription medication adulterated misbranded valid prescription expands offense criminal copyright infringement include public performances copyrighted work digital transmission work intended commercial dissemination making available computer network expands criminal offenses trafficking inherently dangerous goods services include counterfeit drugs goods services falsely identified meeting military standards intended use national security law enforcement critical infrastructure application increases penalties specified trade secret offenses intended benefit foreign government instrumentality agent intellectual property offenses amended act directs sentencing commission review appropriate amend related federal sentencing guidelines requires secretary state secretary commerce appoint intellectual property assigned embassy diplomatic mission country geographic region covered department_of_state regional bureau


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: 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