Summary:
Promoting Startup Innovation Act - Amends federal patent law to modify the definition of "micro entity" (certain small entities eligible for reduced patent fees) to require applicants to certify that they: (1) have not been named as an inventor on more than seven (currently, four) previously filed patent applications, subject to applicable exceptions for applications filed in another country, provisional applications, or international applications under the Patent Cooperation Treaty; and (2) did not have gross income exceeding five times (currently, three times) the median household income in the preceding calendar year and have not transferred ownership interest in the application to an entity with gross income exceeding such limit.

Requires the Director of the U.S. Patent and Trademark Office (USPTO) to approve or deny such applications within 45 days after the application is submitted.

Applies such amended requirements to applications submitted on or after the enactment of this Act.

promoting startup innovation act_-_amends federal patent law modify definition micro entity certain small entities eligible reduced patent fees require applicants certify named seven currently previously filed patent applications subject applicable exceptions applications filed country provisional applications international applications patent cooperation treaty gross income exceeding times currently times median household income preceding calendar year transferred ownership interest application entity gross income exceeding limit requires director patent trademark_office uspto approve deny applications days application submitted applies amended requirements applications submitted enactment act


Summary:
Private Right of Action Against Theft of Trade Secrets Act of 2013 - Amends the Economic Espionage Act of 1996 to authorize any person who suffers injury by reason of a violation of prohibitions against the theft of trade secrets to maintain a civil action against the violator for appropriate compensatory damages and injunctive or other equitable relief.

Prohibits such an action unless it is begun within two years of the date of the act complained of or the date of the discovery of the damage.

 Declares that the phrase "without authorization" in such Act's prohibitions shall not mean independent derivation or working backwards from a lawfully obtained known product or service to divine the process which aided its development or manufacture.

private right action theft trade secrets act amends economic espionage act authorize person suffers injury reason violation prohibitions theft trade secrets maintain civil action violator appropriate compensatory damages injunctive equitable relief prohibits action begun years date act date discovery damage declares phrase authorization act prohibitions shall mean independent working lawfully obtained known product service process aided development manufacture


Summary:
Manufacturing Innovation in America Act of 2013 - Amends the Internal Revenue Code to allow a taxpayer to elect a tax deduction for an amount equal to 71% of the lesser of: (1) the taxpayer's patent box profit, or (2 the taxpayer's taxable income for the taxable year. Defines "patent box profit" to include gross receipts derived from the sale, lease, license, or or other disposition of qualified patent property in the course of a U.S. trade or business over the sum of the taxpayer's cost of goods sold allocable to patent gross receipts, other expenses, losses, or deductions, including research and development expenditures, allocable to such receipts, plus routine profit. Defines "qualified patent" to include a patent issued or extended by, or for which an application is pending before, the United States Patent and Trademark Office (USPTO).

Sets forth rules for the application of the patent box profit deduction to pass-thru entities, including partnerships and S corporations, trusts and estates, and agricultural and horticultural cooperatives.

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


Summary:
Patent Litigation and Innovation Act of 2013 - Directs a party alleging infringement in a civil action arising under any Act of Congress relating to patents to include in the court pleadings:

 an identification of each patent and claim allegedly infringed as well as the accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to as an "accused instrumentality") alleged to infringe any such claim; an identification of the name or model number of accused instrumentalities that allegedly result in the practice of a claimed invention; for each accused instrumentality, an explanation of where each element of each asserted claim identified is found within the accused instrumentality, whether each such element is infringed literally or under the doctrine of equivalents, and how the terms in each asserted claim correspond to the functionality of the accused instrumentality; for each claim alleged to have been infringed indirectly, a description of the direct infringement, any person alleged to be a direct infringer known to the party alleging infringement, and the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement; a description of the right of the party alleging infringement to assert each identified patent and claim; the principal business of the party alleging infringement; and the identity of any person other than the party alleging infringement, known to the party alleging infringement, who: (1) owns or co-owns an identified patent or is the assignee of, or an exclusive licensee to, such patent; or (2) has a legal or financial right to enforce an identified patent. Sets forth procedures with respect to the joinder of parties, stays of action against secondary parties (parties accused of infringing a patent in dispute based on the use, distribution, resale, or consumption of a product or process by a primary party), and stays of discovery until the court has ruled on any motions to dismiss or transfer venue. Permits the court to expand discovery in extraordinary circumstances.

Directs the court, upon final adjudication, to include in the record specific findings on the compliance by each party and attorney with Federal Rules of Civil Procedure addressing proper representations to the court, including findings that motions and pleading were not presented to harass, delay, or increase litigation costs and that claims were nonfrivolous and based on evidentiary support.

Authorizes sanctions for: (1) a willful failure to preserve evidence during a stay of discovery, and (2) a violation of the representation to the court rules.

patent litigation innovation_act directs party alleging infringement civil action arising act congress relating patents include court pleadings identification patent claim allegedly infringed accused apparatus product feature device method system process function act service instrumentality referred accused instrumentality alleged infringe claim identification model number accused instrumentalities allegedly result practice claimed invention accused instrumentality explanation element asserted claim identified found accused instrumentality element infringed doctrine equivalents terms asserted claim correspond functionality accused instrumentality claim alleged infringed indirectly description direct infringement person alleged direct known party alleging infringement acts alleged indirect contribute direct infringement description right party alleging infringement assert identified patent claim principal business party alleging infringement identity person party alleging infringement known party alleging infringement owns owns identified patent assignee exclusive licensee patent legal financial right enforce identified patent sets forth procedures respect parties stays action secondary parties parties accused infringing patent dispute based use distribution resale consumption product process primary party stays discovery court ruled motions dismiss transfer venue permits court expand discovery extraordinary circumstances directs court final adjudication include record specific findings compliance party attorney federal_rules_of_civil_procedure addressing proper representations court including findings motions pleading presented delay increase litigation costs claims based evidentiary support authorizes sanctions willful failure preserve evidence stay discovery violation representation court rules


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:
Stopping the Offensive Use of Patents Act or the STOP Act - Amends the Leahy-Smith America Invents Act to remove the eight-year sunset provision with respect to the transitional post-grant review program available to review the validity of covered business method patents, thereby making the program permanent.

Expands the term "covered business method patent" to include a patent that claims a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of any enterprise, product, or service, except technological inventions. (Current law limits the program to financial products or services.)

Requires the Director of the U.S. Patent and Trademark Office (USPTO) (the Under Secretary of Commerce for Intellectual Property) to work with and support intellectual property law associations throughout the United States, within established pro bono programs, to assist financially under-resourced resellers, users, implementers, distributors, or customers of an allegedly infringing product or process.

stopping offensive use patents act stop act_-_amends smith america act remove year sunset provision respect transitional post grant review program available review validity covered business method patents making program permanent expands term covered business method patent include patent claims method corresponding apparatus performing data processing operations practice administration management enterprise product service technological inventions current law limits program financial products services requires director patent trademark_office uspto secretary commerce intellectual property work support intellectual property law associations united_states established pro bono programs assist financially users distributors customers allegedly infringing product process


Summary:
Free Market Royalty Act - Amends federal copyright law to provide a public performance right for all audio transmissions of sound recordings, thereby extending such right to require terrestrial AM/FM broadcast radio stations to pay royalties for non-digital audio transmissions. (Currently, a performance right for sound recordings is provided only with respect to digital transmissions by cable, satellite, and Internet radio stations.)

Eliminates statutory licensing royalty rates set by Copyright Royalty Judges (CRJs) for the public performance of sound recordings by noninteractive digital audio services.

Allows any noninteractive services performing sound recordings publicly by means of an audio transmission (including cable, satellite, Internet, and AM/FM broadcasters) to collectively negotiate royalty rates for such performances.

Designates SoundExchange, Inc. (an independent, nonprofit organization that collects and distributes royalties), or any successor entity, as the sole common agent to negotiate, agree to, pay, and receive royalty payments.

Authorizes copyright owners of sound recordings, if a license is agreed to by the common agent, to subsequently negotiate and agree to royalty rates and license terms and conditions with any noninteractive services for the performance of such sound recordings (thus allows copyright owners to opt-out of rates or conditions negotiated by the common agent and to instead negotiate direct licenses for their recordings).

Sets forth the royalty payment distributions to be made by the common agent to copyright owners, featured recording artists, and non-featured musicians and vocalists.

Establishes procedures for CRJs to set rates and terms for nonsubscription broadcasts consisting solely of noncommercial educational and cultural radio programs when such rates and terms are not negotiated and agreed upon collectively between the common agent and the noncommercial educational broadcast station.

Modifies ephemeral recording requirements (licenses to reproduce phonorecords to facilitate transmissions) to account for the removal of statutory licensing procedures.

free market royalty act_-_amends federal copyright law provide public performance right audio transmissions sound recordings extending right require terrestrial broadcast radio stations pay royalties non digital audio transmissions currently performance right sound recordings provided respect digital transmissions cable satellite internet radio stations eliminates statutory licensing royalty rates set copyright royalty judges public performance sound recordings digital audio services allows services performing sound recordings publicly means audio transmission including cable satellite internet broadcasters collectively negotiate royalty rates performances designates independent nonprofit organization collects distributes royalties successor entity sole common agent negotiate agree pay receive royalty payments authorizes copyright owners sound recordings license agreed common agent subsequently negotiate agree royalty rates license terms conditions services performance sound recordings allows copyright owners opt rates conditions negotiated common agent instead negotiate direct licenses recordings sets forth royalty payment distributions common agent copyright owners recording artists non musicians establishes procedures set rates terms broadcasts consisting solely noncommercial educational cultural radio programs rates terms negotiated agreed collectively common agent noncommercial educational broadcast station modifies recording requirements licenses reproduce facilitate transmissions account removal statutory licensing procedures


Summary:
Innovation Act - (Sec. 3) Directs a party alleging infringement in a civil action involving a claim for relief arising under any Act of Congress relating to patents to include in the court pleadings, unless the information is not reasonably accessible, specified details concerning:

 each claim of each patent allegedly infringed, including each accused process, machine, manufacture, or composition of matter (referred to as an "accused instrumentality") alleged to infringe the claim; for each claim of indirect infringement, the acts of the alleged indirect infringer that contribute to, or are inducing, a direct infringement; the principal business, if any, of the party alleging infringement; the authority of the party alleging infringement to assert each patent and the grounds for the court's jurisdiction; each complaint filed that asserts any of the same patents; and whether a standard-setting body has specifically declared such patent to be essential, potentially essential, or having potential to become essential to that body, as well as whether the United States or a foreign government has imposed any specific licensing requirements. Requires courts to award prevailing parties reasonable fees and other expenses incurred in connection with such actions unless: (1) the position and conduct of the nonprevailing party was reasonably justified in law and fact, or (2) special circumstances (such as severe economic hardship to a named inventor) make an award unjust.

Directs courts, upon a motion of a party, to require another party to certify whether it will be able to pay any award of such fees and expenses in the event that such an award is made against such other party. Allows the court, if a nonprevailing party is unable to pay such a fee award made against it, to make a party that has been joined to the action with respect to such party liable for the unsatisfied portion of such award.

Deems to be a nonprevailing party a party asserting a patent claim against another party who subsequently unilaterally extends to such other party a covenant not to sue for infringement with respect to the patent at issue (thus providing for the other party to be considered the prevailing party), unless the party asserting the claim, at the time the covenant was extended, would have been entitled to voluntarily dismiss the claim without a court order.

Requires the court, upon a motion by a prevailing party defending against an allegation of infringement in a case in which the nonprevailing party alleging infringement is unable to pay an award of fees and expenses, to join an interested party if such prevailing party shows that the nonprevailing party has no substantial interest in the subject matter at issue other than asserting the patent claim in litigation.

Defines "interested party" as a person, other than the party alleging infringement, that: (1) is an assignee of the patent; (2) has a right, including a contingent right, to enforce or sublicense the patent; or (3) has a direct financial interest in the patent, including the right to any part of an award of damages or licensing revenue, subject to exceptions for attorneys providing legal representation and owners of equity interests in the party alleging infringement.

Permits a court to deny a joinder motion if: (1) the interested party is not subject to service of process, or (2) the joinder would deprive the court of subject matter jurisdiction or make venue improper.

Prohibits an interested party from being joined unless it has been provided actual notice, within 30 days after it has been identified in a disclosure made upon the filing of an initial complaint, that it may be an interested party subject to joinder. Requires such notice to be provided by the party who subsequently moves to join the interested party after fees and expenses have been awarded and the nonprevailing party alleging infringement is unable to pay.

Requires the court to deny a joinder motion if the interested party, after receiving such notice, renounces any ownership, right, or direct financial interest in the patents at issue.

Limits discovery to only the information necessary to determine the meaning of patent terms when the court requires a ruling relating to the construction of terms used in a patent claim asserted in the complaint. Makes such limitation inapplicable to an action seeking a preliminary injunction to redress harm arising from the use, sale, or offer for sale of any allegedly infringing instrumentality that competes with a product sold or offered for sale, or a process used in manufacture, by a party alleging infringement.

Requires a court to permit additional discovery if resolution of the action within a specified period of time will necessarily affect the rights of a party with respect to the patent.

Allows a court to permit additional discovery in special circumstances as necessary to prevent a manifest injustice.

Allows parties to voluntarily consent to be excluded from specified discovery limitations under this Act and to instead proceed according to the Federal Rules of Civil Procedure.

Expresses the sense of Congress that: (1) parties who send purposely evasive demand letters to end users alleging patent infringement are abusing the patent system in a manner that is against public policy, and (2) actions or litigation stemming from such purposeful evasion should be considered a fraudulent or deceptive practice and an exceptional circumstance when considering whether the litigation is abusive.

Prohibits a claimant seeking to establish willful infringement from relying on evidence of pre-suit notification of infringement unless such notification: (1) identifies the asserted patent, the product or process accused, and the ultimate parent entity of the claimant; and (2) explains, to the extent possible following a reasonable investigation or inquiry, how the product or process infringes the claims of the patent.

(Sec. 4) Requires plaintiffs, upon filing an initial complaint, to disclose to the U.S. Patent and Trademark Office (USPTO), the court, and each adverse party the identity of: (1) the assignee, (2) any entity with a right to sublicense or enforce the patent, (3) any entity that the plaintiff knows to have a specified financial interest in the patent or the plaintiff, and (4) the ultimate parent entity of any such identified assignee or entity. Directs plaintiffs, or subsequent owners of the patent, to provide the USPTO with updates regarding such information after the initial identification.

(Sec. 5) Requires courts to grant a motion to stay an action against a customer accused of infringing a patent based on a product or process under specified conditions when: (1) the manufacturer is a party to the action or to a separate action involving the same patent related to the same product or process; and (2) the customer agrees to be bound by any issues in common with, and finally decided as to, such manufacturer in the action to which the manufacturer is a party.

Authorizes the court, if the manufacturer consents to or declines to appeal a judgment with respect an issue in common with such a customer, to determine, upon grant of a motion, that the consent judgment or unappealed decision is not binding on the customer based on a showing that such an outcome would unreasonably prejudice and be manifestly unjust to such customer.

Exempts from pleading, disclosure, and lift of stay requirements patent actions that include certain claims relating to abbreviated new drug applications for generic drugs under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act, including animal drugs, veterinary products, and other biological products.

(Sec. 6) Directs the Judicial Conference of the United States to develop discovery rules and procedures, to be implemented by U.S. districts courts and the U.S. Court of Federal Claims, that address whether and to what extent each party to the action is: (1) entitled to receive specified categories of core documentary evidence and is to be responsible for the costs of producing such evidence within its possession or control; and (2) permitted to seek any additional document discovery if the requesting party bears the reasonable costs, including reasonable attorney's fees, of the additional discovery.

Provides for discovery of electronic communications (including emails, text messages, or instant messages) only if the parties determine that it is appropriate under procedures that address whether such discovery is to occur after the parties have exchanged initial disclosures and core documentary evidence.

Directs the Judicial Conference to consider a prohibition that would bar additional document discovery unless: (1) the parties mutually agree otherwise; or (2) the requesting party posts a bond, or provides security, in an amount sufficient to cover the expected costs or shows that it has the financial capacity to pay such costs.

Requires the Judicial Conference to consider whether courts, in response to a motion, may: (1) determine that a request for additional document discovery is excessive, irrelevant, or abusive; (2) modify discovery rules; or (3) include computer code in the discovery of core documentary evidence.

Directs the Judicial Conference to study the efficacy of such rules and procedures during the four-year period after implementation by the courts. Specifies the circumstances under which the Judicial Conference is authorized to modify rules during and after such period.

Requires the Supreme Court to eliminate the model patent infringement complaint form currently provided in the Federal Rules of Civil Procedure. Permits the Supreme Court to prescribe new model allegations that, at a minimum, notify accused infringers of: (1) the asserted claims, (2) the products or services accused of infringement, and (3) the plaintiff's theory for how each accused product or service meets each limitation of each asserted claim.

Makes U.S. bankruptcy law, as it relates to intellectual property rights, applicable in cross-border bankruptcy cases under the Model Law on Cross-Border Insolvency. Specifies that if a foreign representative rejects or repudiates a contract under which the debtor is a licensor of intellectual property, the licensee under such contract may elect to retain its right in such intellectual property.

Expands the definition of "intellectual property" as it applies to federal bankruptcy code to include trademarks, service marks, or trade names (thereby providing for trademark licenses to be retained instead of voided in bankruptcy).

Prohibits trustees, if a trademark licensee elects to retain such rights, from being relieved of a contractual obligation to monitor and control the quality of a licensed product or service.

(Sec. 7) Requires the USPTO Director to develop educational resources for small businesses to address patent infringement concerns.

Requires education and awareness on abusive patent litigation practices to be provided through existing USPTO small business patent outreach programs along with the Small Business Administration (SBA) and the Minority Business Development Agency.

Directs the USPTO to notify the public on its website when a patent case is brought in federal court, including by providing patent ownership information with respect to each patent at issue in a manner that is searchable by patent number, art area, and entity.

(Sec. 8) Requires the USPTO to study and report to Congress with recommendations regarding: (1) secondary market patent transactions, including transparency, accountability, licensing, and other oversight requirements; (2) patents owned by the U.S. government, including an examination of how such patents are licensed and sold, whether restrictions should be placed on patents acquired from the U.S. government, and whether agencies owning such patents maintain adequate records and a point of contact responsible for managing such portfolios; (3) the prevalence of patent demand letters (indicating that the recipient or anyone affiliated with the recipient is or may be infringing the patent) sent in bad faith and the extent to which such practices may, through fraudulent or deceptive practices, impose a negative impact on the marketplace; and (4) the economic impact of this Act on individuals and small businesses owned by women, veterans, and minorities.

Requires reports from the Comptroller General (GAO) concerning: (1) technologies available to improve USPTO patent examination and patent quality, including an examination of best practices at foreign patent offices, procedures to prevent double patenting through applicant filings in multiple art areas, and prior art databases and search software; and (2) business method patents, including the volume and nature of litigation involving such patents and an examination of the quality of such patents asserted in suits alleging infringement.

Directs the Administrative Office of the United States Courts to study and report to Congress with recommendations regarding the potential development of a pilot program for patent small claims procedures in certain judicial districts.

(Sec. 9) Amends the Leahy-Smith America Invents Act (AIA) to:

 limit the grounds for invalidity of a patent claim that a post-grant review petitioner is prohibited, by estoppel, from asserting in subsequent civil actions (or certain U.S. International Trade Commission [USITC] proceedings) to only those grounds that the petitioner actually raised during post-grant review (currently, the petitioner is estopped from asserting claims that the petitioner raised or could have raised during such review); require claims of patent in post-grant and inter partes review proceedings to be construed in the same manner as a court would construe such claims in a civil action to invalidate the patent, including by interpreting the claim in accordance with its ordinary and customary meaning, as well as the prosecution history pertaining to the patent (currently, the USPTO construes claims by considering the broadest reasonable interpretation); codify judicial doctrine relating to the consideration of prior art in cases of double patenting for the purpose of determining the nonobviousness of a second patent's claimed invention, thereby specifying that such doctrine continues to apply under the AIA's first-inventor-to-file patent system; revise the transitional covered business method patent review program to expand the scope of prior art that may serve as the basis of a challenge and permit the USPTO to waive filing fees; and exclude any time consumed by an applicant's request for continued examination from the calculation of a patent term adjustment that is based on the USPTO failing to issue a patent within three years. Declares that the federal interest in preventing inconsistent final judicial determinations as to the legal force or effect of the claims in a patent presents a substantial federal issue that is important to the federal system as a whole.

Extends by an additional 10 years the duration of the patent pilot program under which U.S. district court judges in designated judicial districts can request to be assigned to hear patent cases.

Extends from 1 year to 18 months the time limit for the USPTO Director to commence a misconduct proceeding to suspend or exclude a person from practicing before the USPTO once the misconduct forming the basis for the proceeding is made known to a USPTO officer or employee.

Repeals an amendment to USPTO procedures for receiving international applications, scheduled to become effective under the Patent Law Treaties Implementation Act of 2012, that would allow international applications to be filed with the USPTO in a language other than English, provided that the applicant subsequently filed an English translation (thereby retaining a requirement that international applications be filed in English).

innovation_act sec directs party alleging infringement civil action involving claim relief arising act congress relating patents include court pleadings information reasonably accessible specified details concerning claim patent allegedly infringed including accused process machine manufacture composition matter referred accused instrumentality alleged infringe claim claim indirect infringement acts alleged indirect contribute direct infringement principal business party alleging infringement authority party alleging infringement assert patent grounds court jurisdiction complaint filed asserts patents standard setting body specifically declared patent essential potentially essential having potential essential body united_states foreign government imposed specific licensing requirements requires courts award prevailing parties reasonable fees expenses incurred connection actions position conduct party reasonably justified law fact special circumstances severe economic hardship named award unjust directs courts motion party require party certify able pay award fees expenses event award party allows court party unable pay fee award party joined action respect party liable portion award deems party party asserting patent claim party subsequently unilaterally extends party covenant sue infringement respect patent issue providing party considered prevailing party party asserting claim time covenant extended entitled voluntarily dismiss claim court order requires court motion prevailing party defending allegation infringement case party alleging infringement unable pay award fees expenses join interested party prevailing party shows party substantial interest subject matter issue asserting patent claim litigation defines interested party person party alleging infringement assignee patent right including contingent right enforce patent direct financial interest patent including right award damages licensing revenue subject exceptions attorneys providing legal representation owners equity interests party alleging infringement permits court deny motion interested party subject service process court subject matter jurisdiction venue improper prohibits interested party joined provided actual notice days identified disclosure filing initial complaint interested party subject requires notice provided party subsequently moves join interested party fees expenses awarded party alleging infringement unable pay requires court deny motion interested party receiving notice ownership right direct financial interest patents issue limits discovery information necessary determine meaning patent terms court requires ruling relating construction terms patent claim asserted complaint makes limitation inapplicable action seeking preliminary injunction redress harm arising use sale offer sale allegedly infringing instrumentality competes product sold offered sale process manufacture party alleging infringement requires court permit additional discovery resolution action specified period time affect rights party respect patent allows court permit additional discovery special circumstances necessary prevent manifest allows parties voluntarily consent excluded specified discovery limitations act instead proceed according federal_rules_of_civil_procedure expresses sense congress parties send demand letters end users alleging patent infringement patent system manner public policy actions litigation stemming evasion considered fraudulent deceptive practice exceptional circumstance considering litigation abusive prohibits claimant seeking establish willful infringement relying evidence pre suit notification infringement notification identifies asserted patent product process accused ultimate parent entity claimant explains extent possible following reasonable investigation inquiry product process infringes claims patent sec requires plaintiffs filing initial complaint disclose patent trademark_office uspto court adverse party identity assignee entity right enforce patent entity plaintiff knows specified financial interest patent plaintiff ultimate parent entity identified assignee entity directs plaintiffs subsequent owners patent provide uspto updates information initial identification sec requires courts grant motion stay action customer accused infringing patent based product process specified conditions manufacturer party action separate action involving patent related product process customer agrees bound issues common finally decided manufacturer action manufacturer party authorizes court manufacturer consents declines appeal judgment respect issue common customer determine grant motion consent judgment decision binding customer based showing outcome unreasonably prejudice unjust customer exempts pleading disclosure lift stay requirements patent actions include certain claims relating abbreviated new drug applications generic drugs federal food drug cosmetic act public_health_service_act including animal drugs veterinary products biological products sec directs judicial_conference_of_the_united_states develop discovery rules procedures implemented districts courts court federal claims address extent party action entitled receive specified categories core documentary evidence responsible costs producing evidence possession control permitted seek additional document discovery requesting party bears reasonable costs including reasonable attorney fees additional discovery provides discovery electronic communications including text messages instant messages parties determine appropriate procedures address discovery occur parties exchanged initial disclosures core documentary evidence directs judicial_conference consider prohibition bar additional document discovery parties mutually agree requesting party posts bond provides security sufficient cover expected costs shows financial capacity pay costs requires judicial_conference consider courts response motion determine request additional document discovery excessive irrelevant abusive modify discovery rules include computer code discovery core documentary evidence directs judicial_conference study efficacy rules procedures year period implementation courts specifies circumstances judicial_conference authorized modify rules period requires supreme_court eliminate model patent infringement complaint form currently provided federal_rules_of_civil_procedure permits supreme_court prescribe new model allegations minimum notify accused asserted claims products services accused infringement plaintiff theory accused product service meets limitation asserted claim makes bankruptcy law relates intellectual property rights applicable cross border bankruptcy cases model law cross border insolvency specifies foreign representative rejects contract debtor intellectual property licensee contract elect retain right intellectual property expands definition intellectual property applies federal bankruptcy code include trademarks service marks trade names providing trademark licenses retained instead bankruptcy prohibits trustees trademark licensee elects retain rights relieved contractual obligation monitor control quality licensed product service sec requires uspto director develop educational resources small businesses address patent infringement concerns requires education awareness abusive patent litigation practices provided existing uspto small business patent outreach programs small_business_administration sba minority_business_development_agency directs uspto notify public website patent case brought federal court including providing patent ownership information respect patent issue manner searchable patent number art area entity sec requires uspto study report congress recommendations secondary market patent transactions including transparency accountability licensing oversight requirements patents owned government including examination patents licensed sold restrictions placed patents acquired government agencies owning patents maintain adequate records point contact responsible managing portfolios prevalence patent demand letters indicating recipient affiliated recipient infringing patent sent bad faith extent practices fraudulent deceptive practices impose negative impact marketplace economic impact act individuals small businesses owned women veterans minorities requires reports comptroller_general gao concerning technologies available improve uspto patent examination patent quality including examination best practices foreign patent offices procedures prevent double patenting applicant filings multiple art areas prior art databases search software business method patents including volume nature litigation involving patents examination quality patents asserted suits alleging infringement directs administrative_office_of_the_united_states_courts study report congress recommendations potential development pilot program patent small claims procedures certain judicial districts sec amends smith america act limit grounds patent claim post grant review petitioner prohibited asserting subsequent civil actions certain international_trade_commission usitc proceedings grounds petitioner actually raised post grant review currently petitioner asserting claims petitioner raised raised review require claims patent post grant inter review proceedings construed manner court claims civil action invalidate patent including interpreting claim accordance ordinary customary meaning prosecution history pertaining patent currently uspto claims considering broadest reasonable interpretation codify judicial doctrine relating consideration prior art cases double patenting purpose determining second patent claimed invention specifying doctrine continues apply file patent system revise transitional covered business method patent review program expand scope prior art serve basis challenge permit uspto waive filing fees exclude time consumed applicant request continued examination calculation patent term adjustment based uspto failing issue patent years declares federal interest preventing inconsistent final judicial determinations legal force effect claims patent presents substantial federal issue important federal system extends additional years duration patent pilot program district_court judges designated judicial districts request assigned hear patent cases extends year months time limit uspto director commence misconduct proceeding suspend exclude person practicing uspto misconduct forming basis proceeding known uspto officer employee repeals amendment uspto procedures receiving international applications scheduled effective patent law treaties implementation act allow international applications filed uspto language english provided applicant subsequently filed english translation retaining requirement international applications filed english


Summary:
Innovation Protection Act - Establishes in the Treasury the United States Patent and Trademark Office Public Enterprise Fund (Public Enterprise Fund) to be used as a revolving fund by the Director of the U.S. Patent and Trademark Office (USPTO) without fiscal year limitation.

Requires to be credited to or deposited in the Public Enterprise Fund: (1) appropriations for defraying the costs of USPTO activities; (2) fees collected under federal patent and trademark laws; and (3) any unobligated balances remaining in the Patent and Trademark Office Appropriation Account and in the Patent and Trademark Fee Reserve Fund. (Thus, replaces the Patent and Trademark Office Appropriation Account, eliminates the Patent and Trademark Fee Reserve Fund, and provides a source of permanent funding for the USPTO.)

Requires fees collected by the Director to remain available to the Director until expended.

Makes the Public Enterprise Fund available to cover: (1) ordinary and reasonable administrative, operating, and other expenses incurred by the Director for the continued operation of USPTO services, programs, activities, and duties relating to patents and trademarks; and (2) expenses incurred pursuant to obligations, representations, or other commitments of the USPTO.

Requires the Director, on an annual basis, to: (1) report to Congress with operation and spending plans, including financial details and staff levels broken down by each major activity; (2) provide for an independent audit of USPTO financial statements; and (3) submit a budget to the President.

innovation protection act establishes treasury united_states patent trademark_office public enterprise fund public enterprise fund revolving fund director patent trademark_office uspto fiscal year limitation requires credited deposited public enterprise fund appropriations defraying costs uspto activities fees collected federal patent trademark laws unobligated balances remaining patent trademark_office appropriation account patent trademark fee reserve fund replaces patent trademark_office appropriation account eliminates patent trademark fee reserve fund provides source permanent funding uspto requires fees collected director remain available director expended makes public enterprise fund available cover ordinary reasonable administrative operating expenses incurred director continued operation uspto services programs activities duties relating patents trademarks expenses incurred pursuant obligations representations commitments uspto requires director annual basis report congress operation spending plans including financial details staff levels broken major activity provide independent audit uspto financial statements submit budget president


Summary:
Demand Letter Transparency Act of 2013 - Requires any entity that sends a specified number of demand letters during any 365-day period to submit to the U.S. Patent and Trademark Office (USPTO), with respect to each patent that was the subject in each letter, a disclosure identifying:

 the patent, including a confirmation that the entity that sent the letter is the owner of the patent and is the last recorded entity in USPTO records for purposes of assignment, grant, or conveyance; the entity that has the right to license the patent or the name of the exclusive licensee; each entity asserting a claim with regard to the patent; each obligation to license the patent and the financial terms at which such patent has been licensed; the ultimate parent entity of such entity; the number of recipients of the letter; any case that has been filed by such entity relating to such patent; and any ex parte review or inter partes review of such patent. Defines "demand letter" as any written communication directed to an unaffiliated third party stating or indicating that the intended recipient, or anyone affiliated with that recipient, is or may be infringing a patent, or may bear liability or owe compensation to another because of such patent.

Authorizes a court, in a patent infringement or validity action brought by an entity that does not meet such USPTO disclosure requirements, to sanction such entity for an amount to be awarded to the adverse party to cover any costs incurred as a result of such violation.

Exempts from such disclosure requirements: (1) original or joint inventors, (2) institutions of higher education, and (3) technology transfer organizations facilitating the commercialization of technology developed by institutions of higher education.

Directs the USPTO to establish a publicly accessible and searchable database of the information obtained pursuant to such disclosures.

Requires any demand letter sent to another entity to include specified information concerning:

 each claim of each patent allegedly infringed, including each accused instrumentality; each party alleging infringement; the direct infringement for each claim alleged to have been infringed indirectly; the principal business of the party alleging infringement; each complaint filed that asserts or asserted any of the same patents, each case filed by such entity, and any ex parte or inter partes review for each patent; whether the patent is subject to any licensing term or pricing commitments; owners, co-owners, assignees, or exclusive licensees of the patent; any person who has a legal right to enforce the patent; any person with a direct financial interest in the outcome of the action; and how the recipient can access the USPTO demand letter database. Permits a recipient of a demand letter to file a petition with the USPTO if it believes that disclosure or patent letter information requirements have not been met. Directs the USPTO, if it determines that a requirement has not been met, to notify the patent owner that the patent will be voided unless a fee is paid.

Requires the USPTO to consider good faith mistakes in the determination of whether to void a patent.

Directs the Federal Trade Commission (FTC) to enforce a violation of this Act as an unfair or deceptive act or practice.

demand letter transparency_act requires entity specified number demand letters day period submit patent trademark_office uspto respect patent subject letter disclosure identifying patent including confirmation entity sent letter owner patent recorded entity uspto records purposes assignment grant conveyance entity right license patent exclusive licensee entity asserting claim regard patent obligation license patent financial terms patent licensed ultimate parent entity entity number recipients letter case filed entity relating patent parte review inter review patent defines demand letter written communication directed unaffiliated party stating indicating intended recipient affiliated recipient infringing patent bear liability owe compensation patent authorizes court patent infringement validity action brought entity meet uspto disclosure requirements sanction entity awarded adverse party cover costs incurred result violation exempts disclosure requirements original joint institutions higher education technology transfer organizations facilitating commercialization technology developed institutions higher education directs uspto establish publicly accessible searchable database information obtained pursuant disclosures requires demand letter sent entity include specified information concerning claim patent allegedly infringed including accused instrumentality party alleging infringement direct infringement claim alleged infringed indirectly principal business party alleging infringement complaint filed asserts asserted patents case filed entity parte inter review patent patent subject licensing term pricing commitments owners owners assignees exclusive licensees patent person legal right enforce patent person direct financial interest outcome action recipient access uspto demand letter database permits recipient demand letter file petition uspto believes disclosure patent letter information requirements met directs uspto determines requirement met notify patent owner patent fee paid requires uspto consider good faith determination void patent directs federal_trade_commission ftc enforce violation act unfair deceptive act practice


Summary: Protect Advanced Communications for Emergency Services Act of 2013 or the PACES Act - Requires any patent infringement action against certain wireless carriers (excluding mobile satellite service operators) or IP-enabled voice service providers based on their use of technologies complying with requirements of the Federal Communications Commission (FCC) to provide 9-1-1, enhanced 9-1-1, or other emergency communication services (such as the delivery of 9-1-1 calls with next generation text, picture, and video technologies capable of automatically identifying number and location information to emergency service personnel) to be filed in accordance with federal judicial code procedures under which a patent or copyright owner's remedy is by an action against the United States in the U.S. Court of Federal Claims. (Thus, specifies that such 9-1-1 services are provided by or for the United States with authorization or consent of the United States.)

protect advanced communications emergency services act act_-_requires patent infringement action certain wireless carriers excluding mobile satellite service operators enabled voice service providers based use technologies complying requirements federal_communications_commission fcc provide enhanced emergency communication services delivery calls generation text picture video technologies capable automatically identifying number location information emergency service personnel filed accordance federal judicial code procedures patent copyright owner remedy action united_states court federal claims specifies services provided united_states authorization consent united_states


Summary:
Songwriter Equity Act of 2014 - Amends federal copyright law regarding the exclusive rights of sound recording copyright owners to remove a provision that prohibits license fees payable for the public performance of sound recordings, by means of a digital audio transmission, from being taken into account in any administrative, judicial, or other governmental proceeding to set or adjust the royalties payable to copyright owners of musical works for the public performance of their works.

Requires Copyright Royalty Judges (CRJs), when setting royalty rates under the compulsory license available for the reproduction and distribution of musical works (commonly referred to as a "mechanical license"), to establish rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and seller.

Requires CRJs, in establishing such rates and terms, to base their decision on marketplace, economic, and use information presented by the participants. Allows consideration of comparable uses and circumstances under voluntary license agreements.

equity act amends federal copyright law exclusive rights sound recording copyright owners remove provision prohibits license fees payable public performance sound recordings means digital audio transmission taken account administrative judicial governmental proceeding set adjust royalties payable copyright owners musical works public performance works requires copyright royalty judges setting royalty rates compulsory license available reproduction distribution musical works commonly referred mechanical license establish rates terms clearly represent rates terms negotiated marketplace willing buyer seller requires establishing rates terms base decision marketplace economic use information presented participants allows consideration comparable uses circumstances voluntary license agreements


Summary:
American Royalties Too Act of 2014 - Expands copyright owners' exclusive rights, in the case of a work of visual art, to include the right to collect or authorize the collection of a royalty if the work is sold by a person other than the author for at least $5,000 in an auction.

Defines "auction" as a public sale of visual art to the highest bidder run by an entity that sold at least $1 million of works of visual art during the previous year.

Revises the term "work of visual art" to make requirements for photographs consistent with requirements for paintings, drawings, and prints. (Currently, a photograph must be a still photographic image produced for exhibition purposes only.)

Limits the amount of such a royalty to the lesser of: (1) 5% of the purchase price; or (2) $35,000, subject to cost-of-living adjustments.

Directs entities conducting such auctions to collect and pay the royalties to a visual artists' copyright collecting society. Requires the collecting society, at least four times each year, to distribute the appropriate royalties (minus administrative expenses) to authors or successor copyright owners.

Requires an author of a work of visual art, in order to be eligible to receive such a royalty, to: (1) be a citizen of, or domiciled in, the United States or a country that provides resale royalty rights; or (2) have first created the work in the United States or a country that provides such royalty rights.

Establishes a copyright infringement offense for the failure to pay such a royalty. Subjects infringers to: (1) statutory damages, and (2) liability for the full royalty.

Prohibits the sale, assignment, or waiver of the right to collect such a royalty, subject to exceptions for works made for hire and transfers of copyright ownership.

Directs the Register of Copyrights to issue regulations governing visual artists' copyright collecting societies.

american royalties act expands copyright owners exclusive rights case work visual art include right collect authorize collection royalty work sold person author auction defines auction public sale visual art highest bidder run entity sold million works visual art previous year revises term work visual art requirements photographs consistent requirements prints currently photograph photographic image produced exhibition purposes limits royalty lesser purchase price subject cost living adjustments directs entities conducting auctions collect pay royalties visual artists copyright collecting society requires collecting society times year distribute appropriate royalties minus administrative expenses successor copyright owners requires author work visual art order eligible receive royalty citizen domiciled united_states country provides resale royalty rights created work united_states country provides royalty rights establishes copyright infringement offense failure pay royalty subjects statutory damages liability royalty prohibits sale assignment waiver right collect royalty subject exceptions works hire transfers copyright ownership directs register copyrights issue regulations governing visual artists copyright collecting societies


Summary:
Respecting Senior Performers as Essential Cultural Treasures Act or the RESPECT Act - Requires digital music services (certain services providing digital transmissions of music by Internet radio, cable, or satellite) that transmit sound recordings under the statutory license provided under federal copyright law to pay royalties for sound recordings fixed before February 15, 1972, in the same manner as they pay royalties for sound recordings protected by federal copyright that are fixed after such date. (Currently, sound recordings fixed before February 15, 1972, are governed by state laws and are not subject to federal copyright laws that require music services to pay a performance royalty for transmitting such recordings.)

Provides a remedy under which performance royalties for the transmission of such recordings may be recovered in a civil action in federal court if a digital music service fails to make such payments.

Prohibits an infringement action against a transmitting entity from being brought under a state law if the appropriate royalty is paid under this Act.

Declares that this Act does not confer federal copyright protection upon such recordings fixed before February 15, 1972 (sound recordings fixed before February 15, 1972, remain under applicable state laws notwithstanding the payment of royalties under federal statutory licensing requirements).

Terminates this Act on February 15, 2067.

respecting senior essential cultural treasures act respect act_-_requires digital music services certain services providing digital transmissions music internet radio cable satellite transmit sound recordings statutory license provided federal copyright law pay royalties sound recordings fixed february manner pay royalties sound recordings protected federal copyright fixed date currently sound recordings fixed february governed state laws subject federal copyright laws require music services pay performance royalty transmitting recordings provides remedy performance royalties transmission recordings recovered civil action federal court digital music service fails payments prohibits infringement action transmitting entity brought state law appropriate royalty paid act declares act confer federal copyright protection recordings fixed february sound recordings fixed february remain applicable state laws notwithstanding payment royalties federal statutory licensing requirements terminates act february


Summary:
(This measure has not been amended since it was reported to the House on September 15, 2014. The summary of the House passed version is repeated here.)

Establishes the Law School Clinic Certification Program of the United States Patent and Trademark Office (USPTO) to allow students enrolled in a participating law school's clinic to practice patent and trademark law before the USPTO on a pro-bono basis for clients that qualify for assistance from the law school's clinic.

Requires the USPTO Director to establish regulations and procedures for application to and participation in such program. Makes all law schools accredited by the American Bar Association eligible to participate in the program after being examined for acceptance using identical criteria.

Provides for the program to be in effect for the 10-year period after enactment of this Act.

Requires the Director, within two years after enactment of this Act, to report to Congress regarding the work done through the program and the number of participating law schools and students.

measure amended reported house september summary house passed version repeated establishes law school clinic certification program united_states patent trademark_office uspto allow students enrolled participating law school clinic practice patent trademark law uspto pro bono basis clients qualify assistance law school clinic requires uspto director establish regulations procedures application participation program makes law schools accredited american bar association eligible participate program examined acceptance identical criteria provides program effect year period enactment act requires director years enactment act report congress work program number participating law schools students


Summary:
You Own Devices Act - Amends federal copyright law to allow the owner of a machine or other product operated in any part by a computer program to transfer an authorized copy of the computer program, or the right to obtain such copy, when the owner sells, leases, or otherwise transfers the machine or product to another person. Prohibits such right to transfer the computer program from being waived by any agreement.

Requires any right to receive modifications to such a computer program relating to security or error correction that applied to the owner of the machine or product to apply to the person to whom the machine or product and the copy of the computer program are transferred.

Prohibits this Act from being construed to permit the owner to retain an unauthorized copy of the computer program after such a transfer.

devices act_-_amends federal copyright law allow owner machine product operated computer program transfer authorized copy computer program right obtain copy owner sells leases transfers machine product person prohibits right transfer computer program waived agreement requires right receive modifications computer program relating security error correction applied owner machine product apply person machine product copy computer program transferred prohibits act construed permit owner retain unauthorized copy computer program transfer


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

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


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

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

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

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

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


Summary:
Patent Quality Improvement Act of 2013 - Amends the Leahy-Smith America Invents Act to remove the eight-year sunset provision with respect to the transitional post-grant review program available to review the validity of covered business method patents, thereby making the program permanent.

Expands the term "covered business method patent" to include a patent that claims a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of any enterprise, product, or service, except technological inventions. (Current law limits the program to financial products or services.)

patent quality improvement act amends smith america act remove year sunset provision respect transitional post grant review program available review validity covered business method patents making program permanent expands term covered business method patent include patent claims method corresponding apparatus performing data processing operations practice administration management enterprise product service technological inventions current law limits program financial products services


Summary:
Patent Abuse Reduction Act of 2013 - Directs a party alleging infringement in a civil action arising under any Act of Congress relating to patents to include in the court pleadings:

 an identification of each patent and claim allegedly infringed as well as the accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to as an "accused instrumentality") alleged to infringe any such claim; an identification of the name or model number of accused instrumentalities that allegedly result in the practice of a claimed invention; for each accused instrumentality, an explanation of where each element of each asserted claim identified is found within the accused instrumentality, whether each such element is infringed literally or under the doctrine of equivalents, and how the terms in each asserted claim correspond to the functionality of the accused instrumentality; for each claim alleged to have been infringed indirectly, a description of: (1) the direct infringement; (2) any person alleged to be a direct infringer known to the party alleging infringement; and (3) the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement; a description of the right of the party alleging infringement to assert each identified patent and claim; the principal business of the party alleging infringement; a list of each complaint filed, of which the party alleging infringement has knowledge, that asserts or asserted any of the identified patents; whether any identified patent is subject to any licensing term or pricing commitments through any agency, organization, or other standard-setting body; the identity of any person other than the party alleging infringement, known to the party alleging infringement, who: (1) owns or co-owns an identified patent or is the assignee of, or an exclusive licensee to, such patent; or (2) has a legal right to enforce an identified patent through a civil action under any Act of Congress relating to patents or is licensed under such patent; and the identity of any person with a direct financial interest in the outcome of the action and a description of any agreement or other legal basis for such financial interest. Sets forth procedures with respect to the joinder of parties and discovery of evidence.

Directs each party to be responsible for the costs of producing core documentary evidence within the possession, custody, or control of that party.

Defines "core documentary evidence" as documents that:

 relate to the conception, reduction to practice, and application for the asserted patent; are sufficient to show the technical operation of the instrumentality identified in the complaint as infringing the asserted patent; relate to potentially invalidating prior art; relate to previous licensing or conveyances of the asserted patent; are sufficient to show revenue attributable to any claimed invention; are sufficient to show the organizational ownership and structure of each party, including identification of any person with a financial interest in the asserted patent; relate to awareness of the asserted patent or claim, or the infringement, before the action was filed; and are sufficient to show any marking, lack of marking, or notice of the asserted patent provided to the accused infringer. Excludes from the definition of core documentary evidence any computer code or electronic communication, such as e-mail, text messages, instant messaging, and other forms of electronic communication, unless the court finds good cause.

Permits additional discovery under specified conditions if the party seeking such additional discovery bears the costs, including reasonable attorney's fees.

Directs courts to award to the prevailing party reasonable costs and expenses, including attorney's fees, unless: (1) the position and conduct of the non-prevailing party were objectively reasonable and substantially justified, or (2) exceptional circumstances make such an award unjust. Allows the court, if the non-prevailing party is unable to pay such costs and expenses, to make the costs and expenses recoverable against interested parties.

patent abuse reduction act directs party alleging infringement civil action arising act congress relating patents include court pleadings identification patent claim allegedly infringed accused apparatus product feature device method system process function act service instrumentality referred accused instrumentality alleged infringe claim identification model number accused instrumentalities allegedly result practice claimed invention accused instrumentality explanation element asserted claim identified found accused instrumentality element infringed doctrine equivalents terms asserted claim correspond functionality accused instrumentality claim alleged infringed indirectly description direct infringement person alleged direct known party alleging infringement acts alleged indirect contribute direct infringement description right party alleging infringement assert identified patent claim principal business party alleging infringement list complaint filed party alleging infringement knowledge asserts asserted identified patents identified patent subject licensing term pricing commitments agency organization standard setting body identity person party alleging infringement known party alleging infringement owns owns identified patent assignee exclusive licensee patent legal right enforce identified patent civil action act congress relating patents licensed patent identity person direct financial interest outcome action description agreement legal basis financial interest sets forth procedures respect parties discovery evidence directs party responsible costs producing core documentary evidence possession custody control party defines core documentary evidence documents relate conception reduction practice application asserted patent sufficient technical operation instrumentality identified complaint infringing asserted patent relate potentially invalidating prior art relate previous licensing conveyances asserted patent sufficient revenue attributable claimed invention sufficient organizational ownership structure party including identification person financial interest asserted patent relate awareness asserted patent claim infringement action filed sufficient marking lack marking notice asserted patent provided accused excludes definition core documentary evidence computer code electronic communication mail text messages instant messaging forms electronic communication court finds good cause permits additional discovery specified conditions party seeking additional discovery bears costs including reasonable attorney fees directs courts award prevailing party reasonable costs expenses including attorney fees position conduct non prevailing party objectively reasonable substantially justified exceptional circumstances award unjust allows court non prevailing party unable pay costs expenses costs expenses recoverable interested parties


Summary: Protect Advanced Communications for Emergency Services Act of 2013 or the PACES Act - Requires any patent infringement action against certain wireless carriers (excluding mobile satellite service operators) or IP-enabled voice service providers based on their use of technologies complying with requirements of the Federal Communications Commission (FCC) to provide 9-1-1, enhanced 9-1-1, or other emergency communications services (such as the delivery of 9-1-1 calls with next generation text, picture, and video technologies capable of automatically identifying number and location information to emergency service personnel) to be filed in accordance with federal judicial code procedures under which a patent or copyright owner's remedy is by an action against the United States in the U.S. Court of Federal Claims. (Thus, specifies that such 9-1-1 services are provided by or for the United States with authorization or consent of the United States.)

protect advanced communications emergency services act act_-_requires patent infringement action certain wireless carriers excluding mobile satellite service operators enabled voice service providers based use technologies complying requirements federal_communications_commission fcc provide enhanced emergency communications services delivery calls generation text picture video technologies capable automatically identifying number location information emergency service personnel filed accordance federal judicial code procedures patent copyright owner remedy action united_states court federal claims specifies services provided united_states authorization consent united_states


Summary:
Patent Litigation Integrity Act of 2013 - Requires courts to award a prevailing party reasonable fees and other expenses, including attorney fees, incurred in connection with a civil action in which any party asserts a claim for relief arising under any Act of Congress relating to patents, unless the court finds that the position and conduct of the nonprevailing party were substantially justified or that special circumstances make an award unjust. (Currently, in exceptional cases, the court is permitted but not required to award reasonable attorney fees.)

Authorizes courts, in response to a motion, to order the party alleging infringement to post a bond sufficient to ensure payment of such fees and expenses of the accused infringer.

Directs a court, in determining whether such a bond would be unreasonable or unnecessary, to consider whether:

 the bond will burden the ability of the party alleging infringement to pursue activities unrelated to the assertion, acquisition, litigation, or licensing of any patent; the party alleging infringement is an institution of higher education or a non-profit technology transfer organization; a licensee, who has an exclusive right under a patent held by such an institution of higher education or non-profit organization, conducts further research or development to make the subject matter more licensable; the party alleging infringement: (1) is a named inventor of or an original assignee to an asserted patent, (2) makes or sells a product related to the subject matter described in an asserted patent, or (3) can demonstrate that it has and will have the ability to pay the accused infringer's fees and other expenses if so ordered; and any party will agree to pay the accused infringer's shifted fees and other expenses, provided that the party can demonstrate an ability to pay.

patent litigation integrity act requires courts award prevailing party reasonable fees expenses including attorney fees incurred connection civil action party asserts claim relief arising act congress relating patents court finds position conduct party substantially justified special circumstances award unjust currently exceptional cases court permitted required award reasonable attorney fees authorizes courts response motion order party alleging infringement post bond sufficient ensure payment fees expenses accused directs court determining bond unreasonable unnecessary consider bond burden ability party alleging infringement pursue activities unrelated assertion acquisition litigation licensing patent party alleging infringement institution higher education non profit technology transfer organization licensee exclusive right patent held institution higher education non profit organization conducts research development subject matter party alleging infringement named original assignee asserted patent makes sells product related subject matter described asserted patent demonstrate ability pay accused fees expenses ordered party agree pay accused fees expenses provided party demonstrate ability pay


Summary:
Patent Transparency and Improvements Act of 2013 - Directs a court to require a patentee who has filed a civil action for patent infringement to disclose to the court and to all adverse parties any persons, associations, corporations (including parent corporations), or other entities known by the patentee to have: (1) a financial interest in the subject matter in controversy or in a party to the proceeding, or (2) any other interest that could be substantially affected by the outcome of the proceeding.

Requires any assignment of all substantial rights in an issued patent that results in a change to the ultimate parent entity to be recorded in the U.S. Patent and Trademark Office (USPTO) within three months of the assignment.

Prohibits a party asserting infringement from recovering increased damages or attorney's fees with respect to infringing activities taking place during any period of noncompliance in which the ultimate parent entity of an assignee has not been disclosed to the USPTO.

Requires courts, if such an assignment has not been disclosed, to award a prevailing accused infringer reasonable attorney's fees and expenses incurred in discovering any previously undisclosed ultimate parent entities.

Directs courts to grant a motion to stay an action against a customer accused of infringing a patent based on a product or process under specified conditions when: (1) the manufacturer is a party to the action or to a separate action involving the same patent relating to the same product or process, and (2) the customer agrees to be bound under principles of collateral estoppel by any common issues finally decided as to such manufacturer.

Requires the Federal Trade Commission (FTC) to: (1) exercise enforcement authority with respect to bad-faith demand letters (widespread written communications with false or misleading information stating that the intended recipients or affiliated persons are infringing or have infringed a patent and bear liability or owe compensation), and (2) treat such letters as unfair or deceptive acts or practices.

Directs the USPTO to notify the public on its website when a patent case is brought in federal court.

 Limits the grounds for invalidity of a patent claim that a post-grant review petitioner is prohibited, by estoppel, from asserting in subsequent civil actions (or certain U.S. International Trade Commission [USITC] proceedings) to only those grounds that the petitioner actually raised during post-grant review. (Currently, the petitioner is estopped from asserting claims that the petitioner raised or could have raised during such review.)

Requires claims of patent in post-grant and inter partes review proceedings to be construed in the same manner as a court would construe such claims in a civil action to invalidate the patent, including by interpreting the claim in accordance with its ordinary and customary meaning, as well as the prosecution history pertaining to the patent. (Currently, the USPTO construes claims by considering the broadest reasonable interpretation.) Makes U.S. bankruptcy law applicable in cross-border bankruptcy cases in which the debtor is a licensor of intellectual property rights and a foreign proceeding is pending in the country where the debtor has the center of its main interests, thereby permitting a licensee to retain its right in such intellectual property if the trustee rejects the underlying executory contract.

Expands the definition of "intellectual property" as it applies to the federal bankruptcy code to include trademarks, service marks, or trade names (thereby providing for trademark licenses to be retained instead of voided in bankruptcy).

 Prohibits trustees, if a trademark licensee elects to retain such rights, from being relieved of a contractual obligation to monitor and control the quality of a licensed product or service.

Codifies judicial doctrine relating to the consideration of prior art in cases of double patenting for the purpose of determining the nonobviousness of a second patent's claimed invention, thereby specifying that such doctrine continues to apply to the first-inventor-to-file patent system under the Leahy-Smith America Invents Act.

patent transparency improvements act directs court require filed civil action patent infringement disclose court adverse parties persons associations corporations including parent corporations entities known financial interest subject matter controversy party proceeding interest substantially affected outcome proceeding requires assignment substantial rights issued patent results change ultimate parent entity recorded patent trademark_office uspto months assignment prohibits party asserting infringement recovering increased damages attorney fees respect infringing activities taking place period noncompliance ultimate parent entity assignee disclosed uspto requires courts assignment disclosed award prevailing accused reasonable attorney fees expenses incurred discovering previously undisclosed ultimate parent entities directs courts grant motion stay action customer accused infringing patent based product process specified conditions manufacturer party action separate action involving patent relating product process customer agrees bound principles collateral common issues finally decided manufacturer requires federal_trade_commission ftc exercise enforcement authority respect bad faith demand letters widespread written communications false misleading information stating intended recipients affiliated persons infringing infringed patent bear liability owe compensation treat letters unfair deceptive acts practices directs uspto notify public website patent case brought federal court limits grounds patent claim post grant review petitioner prohibited asserting subsequent civil actions certain international_trade_commission usitc proceedings grounds petitioner actually raised post grant review currently petitioner asserting claims petitioner raised raised review requires claims patent post grant inter review proceedings construed manner court claims civil action invalidate patent including interpreting claim accordance ordinary customary meaning prosecution history pertaining patent currently uspto claims considering broadest reasonable interpretation makes bankruptcy law applicable cross border bankruptcy cases debtor intellectual property rights foreign proceeding pending country debtor center main interests permitting licensee retain right intellectual property trustee rejects underlying contract expands definition intellectual property applies federal bankruptcy code include trademarks service marks trade names providing trademark licenses retained instead bankruptcy prohibits trustees trademark licensee elects retain rights relieved contractual obligation monitor control quality licensed product service codifies judicial doctrine relating consideration prior art cases double patenting purpose determining second patent claimed invention specifying doctrine continues apply file patent system smith america act


Summary:
Transparency in Assertion of Patents Act - Directs the Federal Trade Commission (FTC) to promulgate rules prohibiting unfair or deceptive acts and practices in the sending of written communications (commonly referred to as "demand letters") stating that the intended recipient, or any person affiliated with the intended recipient: (1) is infringing, or may be infringing, the patent of another; and (2) bears liability or owes compensation.

Requires such rules to establish disclosures that such written communications must contain, including:

 each claim of each patent allegedly infringed; each product, device, business method, service, or technology that allegedly infringes each claim; a notice that the intended recipient may have the right to have the product manufacturer defend against the infringement; contact information necessary to determine the identity of a person with the right to enforce the patent or with a direct financial interest in the patent, including each owner, co-owner, assignee, exclusive licensee, and entity with the authority to enforce the patent, as well as the ultimate parent entity with such authority; any licensing commitment or obligation (such as reasonable and non-discriminatory terms) that applies to the patent or claim; the method used to calculate any proposed compensation; and each current instance of reexamination or other post-grant review of the patent at the U.S. Patent and Trademark Office (USPTO), any litigation involving the patent, and the status of such review and any determinations as to the invalidity of the patent or any of its claims. Directs the FTC to: (1) prohibit unfair or deceptive assertions in such written communications, and (2) provide education and awareness to the public regarding deceptive communications.

Sets forth the enforcement authority of the FTC and authorizes civil actions by states. Establishes civil penalties applicable to state actions.

transparency assertion patents act_-_directs federal_trade_commission ftc promulgate rules prohibiting unfair deceptive acts practices sending written communications commonly referred demand letters stating intended recipient person affiliated intended recipient infringing infringing patent bears liability owes compensation requires rules establish disclosures written communications contain including claim patent allegedly infringed product device business method service technology allegedly infringes claim notice intended recipient right product manufacturer defend infringement contact information necessary determine identity person right enforce patent direct financial interest patent including owner owner assignee exclusive licensee entity authority enforce patent ultimate parent entity authority licensing commitment obligation reasonable non discriminatory terms applies patent claim method calculate proposed compensation current instance post grant review patent patent trademark_office uspto litigation involving patent status review determinations patent claims directs ftc prohibit unfair deceptive assertions written communications provide education awareness public deceptive communications sets forth enforcement authority ftc authorizes civil actions states establishes civil penalties applicable state actions


Summary:
Patent Fee Integrity Act - Establishes in the Treasury the United States Patent and Trademark Office Innovation Promotion Fund (Innovation Promotion Fund) to be used as a revolving fund by the Director of the U.S. Patent and Trademark Office (USPTO) without fiscal year limitation.

Requires to be credited to or deposited in the Innovation Promotion Fund: (1) appropriations for defraying the costs of USPTO activities; (2) fees collected under federal patent and trademark laws; and (3) any available unobligated balances remaining in the Patent and Trademark Office Appropriation Account and in the Patent and Trademark Fee Reserve Fund. (Replaces the Patent and Trademark Office Appropriation Account, eliminates the Patent and Trademark Fee Reserve Fund, and provides a source of permanent funding for the USPTO.)

Requires fees collected by the Director to remain available to the Director until expended.

Makes the Public Enterprise Fund available to cover: (1) ordinary and reasonable administrative, operating, and other expenses incurred by the Director for the continued operation of USPTO services, programs, activities, and duties relating to patents and trademarks; and (2) expenses incurred pursuant to obligations, representations, or other commitments of the USPTO.

Requires the Director, on an annual basis, to: (1) report to Congress with operation and spending plans for the current and next fiscal year, including financial details and staff levels broken down by each major activity; (2) provide for an independent audit of USPTO financial statements; and (3) submit a budget to the President.

patent fee integrity act establishes treasury united_states patent trademark_office innovation promotion fund innovation promotion fund revolving fund director patent trademark_office uspto fiscal year limitation requires credited deposited innovation promotion fund appropriations defraying costs uspto activities fees collected federal patent trademark laws available unobligated balances remaining patent trademark_office appropriation account patent trademark fee reserve fund replaces patent trademark_office appropriation account eliminates patent trademark fee reserve fund provides source permanent funding uspto requires fees collected director remain available director expended makes public enterprise fund available cover ordinary reasonable administrative operating expenses incurred director continued operation uspto services programs activities duties relating patents trademarks expenses incurred pursuant obligations representations commitments uspto requires director annual basis report congress operation spending plans current fiscal year including financial details staff levels broken major activity provide independent audit uspto financial statements submit budget president