Summary:
Innovation Act

(Sec. 3) Directs a party alleging patent infringement in a civil action to include in the court pleadings, unless the information is not accessible after a reasonable inquiry, specified details concerning:

 all claims necessary to produce the identification of each process, machine, manufacture, or composition of matter ("accused instrumentalities") alleged to infringe any claim of each patent allegedly infringed; the name, model number, or description of each accused instrumentality; where each element of each claim is found within, and how each limitation of each claim is met by, the accused instrumentality; for each claim of indirect infringement, the acts of the alleged indirect infringer that contribute to, or are inducing, a direct infringement; and the authority of the party alleging infringement to assert each patent and the grounds for the court's jurisdiction. 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. Allows the court, if a nonprevailing party is unable to pay such a fee, to make a joined party liable for the unsatisfied portion.

Subjects a party claiming a patent in a civil action who subsequently unilaterally seeks dismissal of the action without consent of the other party, and who extends to such other party a covenant not to sue for infringement, to a motion for attorney's fees as if it were a nonprevailing party, unless: (1) the party asserting such claim would have been entitled, at the time that such covenant was extended, to dismiss voluntarily the action without a court order; or (2) the interests of justice require otherwise.

Removes a provision that prohibits a patent from being deemed invalid based on novelty, prior art, or nonobvious subject matter solely because a defense is raised or established based on prior commercial use.

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 under specified conditions if the 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 "substantial interest" to include an interest in the subject matter of a patent at issue if the party: (1) invented the subject matter; or (2) commercially practices or implements, made substantial preparations directed particularly to commercially practicing or implementing, or is engaged in research and development in, technology in the field of the subject matter.

Allows to be joined as an interested party 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. Exempts from joinder certain employees of the alleging party, legal representatives in the matter, and owners of equity or security interests in the alleging party.

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 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.

Bars joinder unless a party defending against a claim of infringement files before the scheduling order a statement, based on publicly available information and any other information known to such party, that the party alleging infringement has no substantial interest in the subject matter at issue other than asserting the patent in litigation.

Prohibits joinder if the party alleging infringement certifies that: (1) such party will have sufficient funds available to satisfy any award of attorney's fees and expenses, (2) such party has a substantial interest other than asserting the patent in litigation, or (3) there are no other interested parties.

Exempts from joinder procedures a technology transfer organization whose primary purpose is to facilitate the commercialization of technologies developed by one or more institutions of higher education if such organization is alleging infringement on behalf of an entity that would not be subject to such joinder.

Establishes procedures to stay discovery pending a preliminary motion, subject to exceptions for: (1) motions to sever, drop a party, dismiss, or transfer; (2) actions in which a patentee is granted a preliminary injunction to prevent competitive harm; (3) consent of the parties; or (4) certain drug and biological product applications.

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 the notification provides specific information regarding the particular patent, claimant, and infringement.

Amends the federal judicial code to restrict the venues where patent actions may be brought to judicial districts where:

 the defendant has its principal place of business or is incorporated, has committed an act of infringement and has a regular and established physical facility that gives rise to the act of infringement, or has agreed or consented to be sued in the instant action; an inventor named on the patent conducted research or development; or a party has a regular and established physical facility and has managed significant research and development for the invention claimed in the patent, has manufactured a tangible product alleged to embody that invention, or has implemented a manufacturing process for a tangible good in which the process is alleged to embody the invention. Prohibits from being considered a regular and established physical facility: (1) the retail facilities of a defendant that manufactures certain products or processes, or (2) the dwelling or residence of an employee or contractor of a defendant. Allows venue for certain foreign defendants to be determined based on standards for personal jurisdiction or most significant contacts that currently apply to corporations in states with multiple districts.

(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 assignee of the patents at issue; any entity with a right to sublicense or enforce the patent; any entity that the plaintiff knows to have a specified financial interest in the patent or the plaintiff; the ultimate parent entity of any such identified assignee or entity; the principal business of the party alleging infringement; each complaint filed that asserts any of the same patents; and whether the patent is essential or has potential to become essential to a standard-setting body, as well as whether the United States or a foreign government has imposed any specific licensing requirements. Directs plaintiffs, or subsequent owners of the patent, to provide the USPTO with updates after the initial disclosure.

(Sec. 5) Requires courts to grant a motion to stay an action against a retailer or end user accused of infringing a patent based on the sale, offer for sale, or use of a product or process without material modification 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 retailer or end user agrees to be bound as to issues determined in the action to which the manufacturer is a party, without a full and fair opportunity to separately litigate any such issue, but only as to those issues for which all other elements of the common law doctrine of issue preclusion are met.

Authorizes the court, upon motion, to determine that a consent judgment or an unappealed final order is not be binding on the retailer or end user with respect to one or more of the issues that gave rise to the stay based on a showing that it would be unreasonably prejudicial or manifestly unjust if, following the grant of the stay, the manufacturer: (1) obtains or consents to a consent judgment relating to such issue that gave rise to the stay, or (2) fails to prosecute such issue to a final, nonappealable judgment.

(Sec. 6) Directs the Administrative Office of the U.S. Courts (AOUSC) to designate at least six of the district courts participating in the patent cases pilot program to develop and implement procedural rules for discovery and case management in patent actions. Allows the Judicial Conference of the United States to expand the rules to all district courts and the U.S. Court of Federal Claims after the procedures have been in effect in the pilot districts for at least two years.

Requires the discovery rules to address whether, or the extent to which, parties are: (1) entitled to receive evidence categorized as core documentary evidence, (2) responsible for the costs of producing core documentary evidence within their possession or control, and (3) permitted to seek non-core documentary discovery otherwise permitted under the Federal Rules of Civil Procedure if the requesting party bears the reasonable costs of the additional discovery.

Directs the courts 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 procedures to address discovery of electronic communications and computer code.

Requires consideration of initial disclosure and early case management conference practices to: (1) identify potential dispositive issues, and (2) focus on early summary judgment motions for expedited disposition of cases.

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 would notify accused infringers of specific information about patent claims.

Requires courts in cross-border bankruptcy cases involving the recognition of a foreign proceeding under the Model Law on Cross-Border Insolvency to apply U.S. bankruptcy laws relating to the retention or termination of licensed intellectual property rights after a trustee has rejected an executory contract. Allows a licensee to elect to retain its right to intellectual property if a foreign representative rejects or repudiates a contract under which the debtor is the licensor.

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.

Requires, if a trademark licensee elects to retain such rights, that: (1) the licensee not be relieved of its obligations to maintain the quality of the products and services offered under, or in connection with, the mark; and (2) the trustee retain the right to oversee and enforce quality control for such products or services.

Directs the Judicial Conference to report to Congress on discovery proceedings in patent cases, including data regarding courts that have distinct discovery phases, courts that do not have phase rules, the scope of discovery and the types of additional discovery requested beyond core documents, and the length of discovery proceedings.

(Sec. 7) Requires the USPTO 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 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 information about the patent owners, the assignees of the patent and their ultimate parent entities, and entities with a financial interest in, or a right to sublicense or enforce, the patent.

(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 Government Accountability Office 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 AOUSC 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 proceedings to only those grounds that the petitioner actually raised during post-grant 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 and considering the prosecution history and any previous claim construction; allow affidavits or declarations of supporting evidence and opinions in preliminary responses to review petitions; require the USPTO to consider the due process rights of the patent owner and petitioner when prescribing regulations; 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 allow the USPTO, for good cause, to allow a party to join a new petition to a pending inter partes review to which it is already a party. Prohibits post-grant or inter partes review unless the petitioner certifies that the petitioner and its real parties in interest: (1) do not own and will not acquire, for a specified period after the certification, a financial instrument to hedge or offset any decrease in the market value of an equity security of the patent owner or its affiliates; and (2) has not demanded payment in exchange for a commitment not to file an inter partes review petition, unless they are sued for or charged with infringement.

Requires the USPTO to designate certain previous decisions of the Patent Trial and Appeal Board as precedential for purposes of estoppel or the rejection of petitions based on previously presented prior art or arguments.

Codifies double patenting restrictions to replace current judicial doctrine for first-inventor-to-file patents under the AIA in cases where a first claimed invention in a first patent is effectively filed on or before the effective filing date of a second claimed invention in a second patent, or in the application on which the second patent issues, and the first claimed invention is not otherwise prior art to the second claimed invention. Restricts double patenting in such circumstances by requiring the first claimed invention to be considered prior art that would make the second claimed invention ineligible for issuance of a second patent on nonobvious subject matter grounds unless:  (1) the second claimed invention follows a first patent that was issued after the USPTO required a multiclaim application to be restricted to one of the claimed inventions; or (2) an election has been recorded in the USPTO by the owner of the second patent, or the application on which the second patent issues, disclaiming the right to bring or maintain a civil action to enforce the second patent.

Makes such a disclaimer inapplicable if: (1) the relief being sought in the civil action would not constitute a cause of action barred by res judicata had the asserted claims of the second patent been issued in the first patent; and (2) the owner of the first patent or the application on which the first patent issues has recorded an election limiting the enforcement of the first patent relative to the second patent, the owner of the first patent is a party to the civil action, or a separate action to enforce the first patent can no longer be brought or maintained.Limits to 17 years from the issuance date of the other patent the adjusted term of patents subject to an election disclaiming the right to enforcement for purposes of double patenting.

Authorizes the USPTO to cite a first claimed invention in a provisional rejection in connection with the examination of the second claimed invention.

Prohibits the USPTO from conditioning issuance of patents subject to the 20-year patent term under the Uruguay Round Agreements Act on the filing of a terminal disclaimer that disclaims the part of a second patent term that would extend beyond the term of a prior patent. Allows the USPTO to instead condition the issuance of such a patent on an election disclaiming the right to enforce the second patent in a civil action.

 Declares that an action or claim arises under an Act of Congress relating to patents if it: (1) necessarily requires resolution of a disputed question as to the validity of a patent or the scope of a patent claim, or (2) is an action or claim for legal malpractice that arises from an attorney's conduct in relation to such an action or claim arising under such an Act of Congress relating to patents.

Extends by an additional 10 years: (1) the duration of the patent pilot program under which certain U.S. district court judges can request to be assigned to patent cases, and (2) the USPTO's authority under the AIA to set or adjust its own fees.

Authorizes the USPTO Deputy Director to serve as Acting Director in the event of the absence or incapacity of the Director or a vacancy in the office of the Director.

Revises time limits and procedures for USPTO to commence a misconduct proceeding to suspend or exclude a person from practicing before the USPTO. Requires proceedings to be commenced within 18 months after the date on which the Office of Enrollment and Discipline receives a written grievance about a specified individual that describes the misconduct forming the basis for the proceeding (currently, a proceeding must be commenced within one year after the misconduct forming the basis for the proceeding is made known to a USPTO officer or employee). Provides for the 18-month deadline to be tolled: (1) until a court or administrative agency proceeding concerning the misconduct becomes final and nonappealable, or (2) by agreement between the parties.

Reestablishes a requirement that international applications be filed in English.

Allows the USPTO to share information about a pending application with a foreign or international intellectual property office if a corresponding application has been filed with such office.

Provides the U.S. Court of Appeals for the Federal Circuit with exclusive jurisdiction of an appeal from a decision of a district court to which a trademark registrability case was directed under the Trademark Act of 1946.

Allows the USPTO Director to nominate officers for appointment by the Secretary of Commerce.

innovation_act sec directs party alleging patent infringement civil action include court pleadings information accessible reasonable inquiry specified details concerning claims necessary produce identification process machine manufacture composition matter accused instrumentalities alleged infringe claim patent allegedly infringed model number description accused instrumentality element claim found limitation claim met accused instrumentality claim indirect infringement acts alleged indirect contribute direct infringement authority party alleging infringement assert patent grounds court jurisdiction 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 allows court party unable pay fee joined party liable portion subjects party claiming patent civil action subsequently unilaterally seeks dismissal action consent party extends party covenant sue infringement motion attorney fees party party asserting claim entitled time covenant extended dismiss voluntarily action court order interests justice require removes provision prohibits patent deemed invalid based prior art subject matter solely defense raised established based prior commercial use requires court motion prevailing party defending allegation infringement case party alleging infringement unable pay award fees expenses join interested party specified conditions prevailing party shows party substantial interest subject matter issue asserting patent claim litigation defines substantial interest include interest subject matter patent issue party subject matter commercially practices implements substantial preparations directed particularly commercially practicing implementing engaged research development technology field subject matter allows joined interested party person party alleging infringement assignee patent right including contingent right enforce patent direct financial interest patent including right award damages licensing revenue exempts certain employees alleging party legal representatives matter owners equity security interests alleging party permits court deny motion interested party subject service process court subject matter jurisdiction venue improper prohibits interested party joined provided actual notice 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 bars party defending claim infringement files scheduling order statement based publicly available information information known party party alleging infringement substantial interest subject matter issue asserting patent litigation prohibits party alleging infringement certifies party sufficient funds available satisfy award attorney fees expenses party substantial interest asserting patent litigation interested parties exempts procedures technology transfer organization primary purpose facilitate commercialization technologies developed institutions higher education organization alleging infringement behalf entity subject establishes procedures stay discovery pending preliminary motion subject exceptions motions sever drop party dismiss transfer actions granted preliminary injunction prevent competitive harm consent parties certain drug biological product applications 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 provides specific information particular patent claimant infringement amends federal judicial code restrict venues patent actions brought judicial districts defendant principal place business incorporated committed act infringement regular established physical facility gives rise act infringement agreed consented instant action named patent conducted research development party regular established physical facility managed significant research development invention claimed patent manufactured tangible product alleged invention implemented manufacturing process tangible good process alleged invention prohibits considered regular established physical facility retail facilities defendant manufactures certain products processes dwelling residence employee contractor defendant allows venue certain foreign defendants determined based standards personal jurisdiction significant contacts currently apply corporations states multiple districts sec requires plaintiffs filing initial complaint disclose patent trademark_office uspto court adverse party assignee patents issue entity right enforce patent entity plaintiff knows specified financial interest patent plaintiff ultimate parent entity identified assignee entity principal business party alleging infringement complaint filed asserts patents patent essential potential essential standard setting body united_states foreign government imposed specific licensing requirements directs plaintiffs subsequent owners patent provide uspto updates initial disclosure sec requires courts grant motion stay action retailer end user accused infringing patent based sale offer sale use product process material modification specified conditions manufacturer party action separate action involving patent related product process retailer end user agrees bound issues determined action manufacturer party fair opportunity separately litigate issue issues elements common law doctrine issue met authorizes court motion determine consent judgment final order binding retailer end user respect issues gave rise stay based showing unreasonably unjust following grant stay manufacturer obtains consents consent judgment relating issue gave rise stay fails prosecute issue final judgment sec directs administrative office courts designate district_courts participating patent cases pilot program develop implement procedural rules discovery case management patent actions allows judicial_conference_of_the_united_states expand rules district_courts court federal claims procedures effect pilot districts years requires discovery rules address extent parties entitled receive evidence categorized core documentary evidence responsible costs producing core documentary evidence possession control permitted seek non core documentary discovery permitted federal_rules_of_civil_procedure requesting party bears reasonable costs additional discovery directs courts 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 procedures address discovery electronic communications computer code requires consideration initial disclosure early case management conference practices identify potential issues focus early summary judgment motions expedited disposition cases requires supreme_court eliminate model patent infringement complaint form currently provided federal_rules_of_civil_procedure permits supreme_court prescribe new model allegations notify accused specific information patent claims requires courts cross border bankruptcy cases involving recognition foreign proceeding model law cross border insolvency apply bankruptcy laws relating retention termination licensed intellectual property rights trustee rejected contract allows licensee elect retain right intellectual property foreign representative rejects contract debtor expands definition intellectual property applies federal bankruptcy code include trademarks service marks trade names providing trademark licenses retained instead bankruptcy requires trademark licensee elects retain rights licensee relieved obligations maintain quality products services offered connection mark trustee retain right oversee enforce quality control products services directs judicial_conference report congress discovery proceedings patent cases including data courts distinct discovery phases courts phase rules scope discovery types additional discovery requested core documents length discovery proceedings sec requires uspto 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 minority_business_development_agency directs uspto notify public website patent case brought federal court including providing information patent owners assignees patent ultimate parent entities entities financial interest right enforce patent 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 government_accountability_office 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 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 proceedings grounds petitioner actually raised post grant review require claims patent post grant inter review proceedings construed manner court claims civil action invalidate patent including interpreting claim accordance ordinary customary meaning considering prosecution history previous claim construction allow affidavits declarations supporting evidence opinions preliminary responses review petitions require uspto consider process rights patent owner petitioner prescribing regulations revise transitional covered business method patent review program expand scope prior art serve basis challenge permit uspto waive filing fees allow uspto good cause allow party join new petition pending inter review party prohibits post grant inter review petitioner certifies petitioner real parties interest acquire specified period certification financial instrument hedge offset decrease market value equity security patent owner affiliates demanded payment exchange commitment file inter review petition charged infringement requires uspto designate certain previous decisions patent trial appeal board purposes rejection petitions based previously presented prior art arguments codifies double patenting restrictions replace current judicial doctrine file patents cases claimed invention patent effectively filed effective filing date second claimed invention second patent application second patent issues claimed invention prior art second claimed invention restricts double patenting circumstances requiring claimed invention considered prior art second claimed invention ineligible issuance second patent subject matter grounds second claimed invention follows patent issued uspto required application restricted claimed inventions election recorded uspto owner second patent application second patent issues right bring maintain civil action enforce second patent makes disclaimer inapplicable relief sought civil action constitute cause action barred res asserted claims second patent issued patent owner patent application patent issues recorded election limiting enforcement patent relative second patent owner patent party civil action separate action enforce patent longer brought maintained limits years issuance date patent adjusted term patents subject election right enforcement purposes double patenting authorizes uspto cite claimed invention provisional rejection connection examination second claimed invention prohibits uspto conditioning issuance patents subject year patent term uruguay round agreements act filing terminal disclaimer second patent term extend term prior patent allows uspto instead condition issuance patent election right enforce second patent civil action declares action claim arises act congress relating patents requires resolution disputed question validity patent scope patent claim action claim legal malpractice arises attorney conduct relation action claim arising act congress relating patents extends additional years duration patent pilot program certain district_court judges request assigned patent cases uspto authority set adjust fees authorizes uspto deputy director serve acting director event absence incapacity director vacancy office_of_the_director revises time limits procedures uspto commence misconduct proceeding suspend exclude person practicing uspto requires proceedings commenced months date office enrollment discipline receives written grievance specified individual describes misconduct forming basis proceeding currently proceeding commenced year misconduct forming basis proceeding known uspto officer employee provides month deadline tolled court administrative agency proceeding concerning misconduct final agreement parties reestablishes requirement international applications filed english allows uspto share information pending application foreign international intellectual property office corresponding application filed office provides court_of_appeals federal_circuit exclusive jurisdiction appeal decision district_court trademark case directed trademark act allows uspto director nominate officers appointment secretary commerce


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:
Promoting Automotive Repair, Trade, and Sales Act of 2015 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: (1) "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; and (2) "offer to sell" to include marketing or 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 offer sell include marketing pre sale distribution applies act patent issued application filed effective date act


Summary:
Songwriter Equity Act of 2015

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:
Allocation for Music Producers Act or the AMP Act

Amends federal copyright law to require a collective designated by the Copyright Royalty Judges to implement a policy providing for the acceptance of instructions (referred to as a "letter of direction") from a person who owns the exclusive right to publicly perform a sound recording by means of a digital audio transmission, or from a recording artist of a such a sound recording, to distribute a portion of royalty payments to a producer, mixer, or sound engineer who was part of the creative process behind the sound recording.

Requires the collective to adopt special procedures for a producer, mixer, or sound engineer to receive a portion of royalties for recordings fixed before November 1, 1995, by certifying that a reasonable effort has been made to obtain a letter of direction from an artist who owns the right to receipts payable with respect to the sound recording.

allocation music producers act act amends federal copyright law require collective designated copyright royalty judges implement policy providing acceptance instructions referred letter direction person owns exclusive right publicly perform sound recording means digital audio transmission recording artist sound recording distribute portion royalty payments producer sound engineer creative process sound recording requires collective adopt special procedures producer sound engineer receive portion royalties recordings fixed november certifying reasonable effort obtain letter direction artist owns right receipts payable respect sound recording


Summary:
Unlocking Technology Act of 2015

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

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

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

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

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


Summary:
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:
Fair Play Fair Pay Act of 2015

Amends federal copyright law to extend a sound recording copyright owner's rights to include the exclusive right to perform or authorize the performance of the recording publicly by means of any audio transmission, thereby requiring terrestrial AM/FM broadcast radio stations that play copyrighted sound recordings to pay royalties for the non-digital audio transmissions of the recordings. (Currently, sound recording copyright owners have a performance right that applies only to digital transmissions by cable, satellite, and Internet radio stations.) Requires the Copyright Royalty Judges (CRJs) to commence a proceeding to determine royalty rates and terms for nonsubscription broadcast transmissions. Directs the CRJs, in determining royalty rates for statutory licensing of such digital or non-digital transmissions, to: (1) distinguish among different types of services, and (2) include a minimum fee for each type of service. Allows differences to be based on the quantity and nature of the use of sound recordings and the degree to which use of the service may substitute for or promote consumer purchases of phonorecords.

Requires the CRJs to establish rates that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller. Directs the CRJs to base their decision on economic, competitive, and programming information presented by the parties, including: (1) the sound recording copyright owner's other streams of revenue from the recordings; and (2) the relative creative contribution, technological contribution, capital investment, cost, and risk of the copyright owner and the transmitting entity.

Caps the annual royalty rate at: (1) $500 for small commercial broadcast stations with less than $1 million in revenues for the calendar year, and (2) $100 for public broadcasting stations. Exempts religious service broadcasts or incidental uses of music from royalty payment requirements.

Requires proceeds for direct licenses of transmissions otherwise licensable under the statutory license to be distributed in the same manner as statutory license proceeds. Requires payment of 45% to featured artists, 2.5% to nonfeatured musicians, and 2.5% to nonfeatured vocalists. Makes such distribution the sole payments to which featured and nonfeatured artists are entitled under a direct license. Requires payment of performance royalties for sound recordings fixed before February 15, 1972, in the same manner as royalties are paid for sound recordings fixed after such date.

Requires a collective designated by the CRJs to implement a policy to accept instructions (referred to as a "letter of direction") from a sound recording copyright owner, or from a recording artist, to distribute a portion of performance royalty payments to a producer, mixer, or sound engineer who was part of the creative process behind the sound recording.

Requires the collective to adopt special procedures for a producer, mixer, or sound engineer to receive a portion of royalties for recordings fixed before November 1, 1995, by certifying that a reasonable effort has been made to obtain a letter of direction from an artist who owns the right to receipts payable with respect to the sound recording.

fair play fair pay act amends federal copyright law extend sound recording copyright owner rights include exclusive right perform authorize performance recording publicly means audio transmission requiring terrestrial broadcast radio stations play copyrighted sound recordings pay royalties non digital audio transmissions recordings currently sound recording copyright owners performance right applies digital transmissions cable satellite internet radio stations requires copyright royalty judges commence proceeding determine royalty rates terms broadcast transmissions directs determining royalty rates statutory licensing digital non digital transmissions distinguish different types services include minimum fee type service allows differences based quantity nature use sound recordings degree use service substitute promote consumer purchases requires establish rates clearly represent rates terms negotiated marketplace willing buyer willing seller directs base decision economic competitive programming information presented parties including sound recording copyright owner streams revenue recordings relative creative contribution technological contribution capital investment cost risk copyright owner transmitting entity caps annual royalty rate small commercial broadcast stations million revenues calendar year public broadcasting stations exempts religious service broadcasts incidental uses music royalty payment requirements requires proceeds direct licenses transmissions statutory license distributed manner statutory license proceeds requires payment artists musicians makes distribution sole payments artists entitled direct license requires payment performance royalties sound recordings fixed february manner royalties paid sound recordings fixed date requires collective designated implement policy accept instructions referred letter direction sound recording copyright owner recording artist distribute portion performance royalty payments producer sound engineer creative process sound recording requires collective adopt special procedures producer sound engineer receive portion royalties recordings fixed november certifying reasonable effort obtain letter direction artist owns right receipts payable respect sound recording


Summary:
Grace Period Restoration Act of 2015

Amends federal patent law to revise the one-year grace period under the Leahy-Smith America Invents Act (AIA) that prohibits certain pre-filing disclosures made during the year preceding the effective filing date of a claimed invention from being considered prior art that would make the claim ineligible for a patent based on lack of novelty or obvious subject matter grounds. (A disclosure that is prior art generally means that a patent cannot be issued for a claimed invention because the invention was already patented, described in a printed publication, in public use, on sale, available to the public, or described in an issued patent or a previously filed application.)

Prohibits an inventor's or any other person's pre-filing disclosure from barring the patentability of certain claims based on lack of novelty or obvious subject matter grounds if, before such disclosure and within the one-year period before the filing date, the claimed invention was already publicly disclosed in a printed publication by the inventor, a joint inventor, or another who obtained the claimed invention from the inventor or a joint inventor. Allows an inventor who discloses an invention in a printed publication in such a manner in the year before filing a patent claim for the invention to remain entitled to the patent, regardless of any subsequent disclosures by third parties.

Excludes certain disclosures from being considered prior art under the revised grace period.

Requires the amendments made by this Act to take effect as if enacted as part of the AIA.

grace period restoration act amends federal patent law revise year grace period smith america act prohibits certain pre filing disclosures year preceding effective filing date claimed invention considered prior art claim ineligible patent based lack subject matter grounds disclosure prior art generally means patent issued claimed invention invention patented described printed publication public use sale available public described issued patent previously filed application prohibits person pre filing disclosure barring certain claims based lack subject matter grounds disclosure year period filing date claimed invention publicly disclosed printed publication joint obtained claimed invention joint allows discloses invention printed publication manner year filing patent claim invention remain entitled patent regardless subsequent disclosures parties excludes certain disclosures considered prior art revised grace period requires amendments act effect enacted


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:
American Royalties Too Act of 2015

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:
Breaking Down Barriers to Innovation Act of 2015

Revises procedures established under the Digital Millennium Copyright Act for the Librarian of Congress to conduct an administrative rulemaking every three years to determine whether to exempt certain noninfringing uses of a copyrighted work from the statutory prohibition on circumventing a technological measure controlling access to a particular class of work.

Requires the Librarian, when evaluating whether to allow an administrative exemption, to consider the impact of the circumvention prohibition on: (1) any reduction in the availability for use of copyrighted works; (2) repairs, recycling, or other fair uses when applied to copyrighted works, as well as access to information not subject to copyright protection; (3) accessibility of works and technologies for persons with disabilities; and (4) security research.

Prohibits the Librarian from placing the burden of proof on the proponent of an exemption. Requires consideration of the totality of the evidence.

Allows the Librarian to make administrative exemption determinations through rulemaking proceedings outside of the three-year review process if it is substantially likely that users of a copyrighted work are, or are likely to be in the succeeding three-year period, adversely affected by virtue of the prohibition in their ability to make noninfringing uses.

Requires the Librarian to automatically renew for an ensuing three-year period any exemptions granted under a rulemaking unless, as a result of changed circumstances, it is unlikely that users are adversely affected by the prohibition.

Establishes a presumption that users are likely to be adversely affected if a technological measure inhibits noninfringing uses that improve accessibility of works or technologies for persons with disabilities.

Expands existing statutory exceptions by removing certain restrictions and conditions that apply to permissible circumventions for:

 reverse engineering to achieve interoperability of an independently created computer program with other programs; encryption research on copies, phonorecords, performances, or displays of a published work; activities to prevent the collection or dissemination of personally identifying information about a natural person; or authorized security testing on computer systems or networks.

breaking barriers innovation_act revises procedures established digital millennium copyright act librarian congress conduct administrative rulemaking years determine exempt certain uses copyrighted work statutory prohibition technological measure controlling access particular class work requires librarian evaluating allow administrative exemption consider impact circumvention prohibition reduction availability use copyrighted works repairs recycling fair uses applied copyrighted works access information subject copyright protection accessibility works technologies persons disabilities security research prohibits librarian placing burden proof proponent exemption requires consideration totality evidence allows librarian administrative exemption determinations rulemaking proceedings outside year review process substantially likely users copyrighted work likely succeeding year period adversely affected virtue prohibition ability uses requires librarian automatically renew ensuing year period exemptions granted rulemaking result changed circumstances unlikely users adversely affected prohibition establishes presumption users likely adversely affected technological measure uses improve accessibility works technologies persons disabilities expands existing statutory exceptions removing certain restrictions conditions apply permissible reverse engineering achieve interoperability independently created computer program programs encryption research copies performances displays published work activities prevent collection dissemination personally identifying information natural person authorized security testing computer systems networks


Summary:
Demand Letter Transparency Act of 2015

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.

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


Summary:
Technological Innovation through Modernizing Enforcement Act or the TIME Act

This bill amends the Federal Trade Commission Act to require any consent order entered into by the Federal Trade Commission (FTC) to include a termination clause providing for the order to expire not later than eight years after it is entered into, unless it relates to alleged fraud by an entity subject to the order and requires a longer time limit. In determining the time limit, the FTC must consider: (1) the impact of technological progress on the order's continuing relevance; and (2) whether an entity, without a consent order beyond eight years, would engage in activities that violate laws against unfair methods of competition, or against unfair or deceptive acts or practices, in or affecting commerce.

A consent order longer than five years that is unrelated to alleged fraud by the entity must include a clause providing for the FTC to review the order five years after it is entered into. The bill also allows entities subject to a consent order that is unrelated to alleged fraud and has been effective for at least five years to petition the FTC to terminate the order. If the FTC determines that such a consent order no longer serves its purposes, the FTC shall terminate the order.

technological innovation modernizing enforcement act time act bill amends federal_trade_commission_act require consent order entered federal_trade_commission ftc include termination clause providing order expire later years entered relates alleged fraud entity subject order requires longer time limit determining time limit ftc consider impact technological progress order continuing relevance entity consent order years engage activities violate laws unfair methods competition unfair deceptive acts practices affecting commerce consent order longer years unrelated alleged fraud entity include clause providing ftc review order years entered bill allows entities subject consent order unrelated alleged fraud effective years petition ftc terminate order ftc determines consent order longer serves purposes ftc shall terminate order


Summary:
Statement on Unfairness Reinforcement and Emphasis Act or the SURE Act

This bill amends the Federal Trade Commission Act to provide additional factors for the Federal Trade Commission (FTC) to consider before it may declare acts or practices to be unlawful on the ground that they are unfair and likely to cause substantial injury to consumers.

Trivial or merely speculative injury or harm must be considered unlikely to cause substantial injury. But the FTC may consider substantial: (1) an injury that does small harm to a large number of people, or (2) a significant risk of concrete harm.

In determining the likelihood of substantial injury to consumers, the FTC must consider whether the act or practice results in: (1) monetary harm, (2) unwarranted health or safety risks, or (3) only emotional or other more subjective harm.

The FTC must also find an act or practice to be injurious in its net effects before it may be considered unfair. In determining the net effects, the FTC must consider: (1) remedy costs; and (2) burdens on society in general, such as increased paperwork or regulatory burdens or reduced incentives for innovation and capital formation.

The FTC may not second-guess consumer decisions, but may consider whether an act or practice unreasonably creates or takes advantage of an obstacle to the free exercise of consumer decisionmaking.

statement emphasis act sure act bill amends federal_trade_commission_act provide additional factors federal_trade_commission ftc consider declare acts practices unlawful ground unfair likely cause substantial injury consumers merely speculative injury harm considered unlikely cause substantial injury ftc consider substantial injury small harm large number people significant risk concrete harm determining likelihood substantial injury consumers ftc consider act practice results monetary harm unwarranted health safety risks emotional harm ftc find act practice injurious net effects considered unfair determining net effects ftc consider remedy costs burdens society general increased paperwork regulatory burdens reduced incentives innovation capital formation ftc second consumer decisions consider act practice unreasonably creates takes advantage free exercise consumer decisionmaking


Summary:
Freeing Responsible and Effective Exchanges Act or the FREE Act

This bill amends the Federal Trade Commission Act to permit a bipartisan majority of Federal Trade Commission (FTC) commissioners to hold a nonpublic meeting to discuss official business if: (1) no votes or actions are taken, (2) each person at the meeting is an FTC commissioner or employee, and (3) an attorney from the FTC's Office of General Counsel is present.

"Bipartisan majority" means a group of at least three commissioners that includes, for each political party of which any commissioner is a member, at least one commissioner who is a member of such political party and, if any commissioner has no political party affiliation, at least one unaffiliated commissioner.

Within two business days after such a nonpublic meeting, the FTC must disclose on its website: (1) a list of persons who attended such meeting; and (2) a summary of discussed matters, except for matters that are classified or otherwise exempt from disclosure.

responsible effective exchanges act free act bill amends federal_trade_commission_act permit bipartisan majority federal_trade_commission ftc commissioners hold nonpublic meeting discuss official business votes actions taken person meeting ftc commissioner employee attorney ftc office general counsel present bipartisan majority means group commissioners includes political party commissioner member commissioner member political party commissioner political party affiliation unaffiliated commissioner business days nonpublic meeting ftc disclose website list persons attended meeting summary discussed matters matters classified exempt disclosure


Summary:
Protecting Consumers in Commerce Act of 2016

This bill amends the Federal Trade Commission Act to authorize the Federal Trade Commission to regulate common carriers subject to the Communications Act of 1934.

protecting_consumers commerce act bill amends federal_trade_commission_act authorize federal_trade_commission regulate common carriers subject communications act


Summary: This bill amends the Federal Trade Commission Act to provide the Federal Trade Commission with enforcement authority against certain tax-exempt nonprofit charitable organizations.

bill amends federal_trade_commission_act provide federal_trade_commission enforcement authority certain tax exempt nonprofit charitable organizations


Summary:
FTC Process and Transparency Reform Act of 2016

(Sec. 2) This bill amends the Federal Trade Commission Act to provide additional factors for the Federal Trade Commission (FTC) to consider before it may declare acts or practices to be unlawful on the ground that they are unfair and likely to cause substantial injury to consumers. Trivial or merely speculative injury or harm must be considered unlikely to cause substantial injury. But the FTC may consider substantial: (1) an injury that does small harm to a large number of people, or (2) a significant risk of concrete harm.

In determining the likelihood of substantial injury to consumers, the FTC must consider: (1) monetary harm, (2) unwarranted health or safety risks, or (3) only emotional or other more subjective harm.

The FTC must find an act or practice to be injurious in its net effects before it may be considered unfair. In determining the net effects, the FTC must consider: (1) remedy costs; and (2) burdens on society in general, such as increased paperwork or regulatory burdens or reduced incentives for innovation and capital formation. The FTC may not second-guess consumer decisions, but may consider whether an act or practice unreasonably creates or takes advantage of an obstacle to the free exercise of consumer decisionmaking.

(Sec. 3) A consent order entered into by the FTC to enforce against alleged unfair or deceptive acts or practices must include a termination clause providing for the order to expire within eight years after it is entered into, unless it relates to alleged fraud or requires a longer time limit. A consent order longer than five years that is unrelated to alleged fraud must provide for the FTC to: (1) review the order five years after it is entered into, and (2) terminate the order if it has achieved its initial purposes.

In determining the time limit, the FTC must consider: (1) the impact of technological progress on the order's continuing relevance; and (2) whether the person, partnership, or corporation would continue to engage in violations without the consent order.

The bill also allows persons, partnerships, or corporations subject to a consent order that is unrelated to alleged fraud and has been effective for at least five years to petition the FTC to terminate the order.

(Sec. 4) The FTC must report annually on investigations the FTC has commenced, concluded with official agency action, or closed with no official agency action. With the consent of persons, partnerships, or corporations that were a subject of a closed investigation, the FTC must describe the legal analysis supporting its decisions not to continue with investigations and the industry sectors of those that were the subject of such closed investigations. The bill prohibits the FTC from including the identity of a person, partnership, or corporation that is a subject of an investigation in its description of an investigation that closed with no official agency action.

(Sec. 5) The FTC is prohibited from recommending a legislative or regulatory action unless it publishes any economic analysis or advice prepared by the FTC's Bureau of Economics or indicates that no such analysis or advice was given. These requirements do not apply to recommendations made: (1) in an appearance by a commissioner before Congress, (2) to state or local governments, (3) in response to a request by a Member or committee of Congress, (4) to another federal agency in response to a notice of proposed rulemaking, or (5) to the United Kingdom or the European Union.

(Sec. 6) The bill prohibits the FTC's guidelines or general statements of policy from: (1) conferring rights upon any person, state, or locality; or (2) binding the FTC or any person, state, or locality to a recommended approach. In enforcement actions, the FTC must prove a violation of FTC-enforced law.

The FTC's enforcement actions or consent orders may not be based solely on allegations that acts or practices are inconsistent with guidelines or general policy statements unless the acts or practices violate FTC-enforced law.

Compliance with guidelines or general statements of policy may be used as evidence of compliance with a law under which the guidelines or statements were issued.

(Sec. 7) Certain FTC investigations involving civil investigative demands must terminate six months after the FTC sends a verifiable written communication to notify the subject of the investigation. But an investigation may continue beyond that six-month period if the FTC: (1) sends an additional verifiable written communication, or votes to extend the investigation, before the period expires; or (2) votes within 30 days after the expiration of such period that it did not send a written communication because of excusable neglect or a circumstance beyond the FTC's control that rendered notification during such period impossible.

A bipartisan majority of FTC commissioners may hold a nonpublic meeting to discuss official business if: (1) no votes or actions are taken, (2) each person at the meeting is an FTC commissioner or employee, and (3) an attorney from the FTC's Office of General Counsel is present. "Bipartisan majority" means a group of at least two commissioners that includes, for each political party of which any commissioner is a member, at least one commissioner who is a member of such political party and, if any commissioner has no political party affiliation, at least one unaffiliated commissioner.

Within two business days after such a nonpublic meeting, the FTC must disclose on its website: (1) a list of persons who attended such meeting; and (2) a summary of discussed matters, except for matters that are classified or otherwise exempt from disclosure.

(Sec. 9) The FTC must publish and submit to Congress annually: (1) the FTC's plan describing its projected activities and timelines for the next calendar year, and (2) a report on FTC enforcement actions to address unfair or deceptive acts or practices that may have targeted or significantly affected individuals who are 65 or older during the previous year.

ftc process transparency reform_act sec bill amends federal_trade_commission_act provide additional factors federal_trade_commission ftc consider declare acts practices unlawful ground unfair likely cause substantial injury consumers merely speculative injury harm considered unlikely cause substantial injury ftc consider substantial injury small harm large number people significant risk concrete harm determining likelihood substantial injury consumers ftc consider monetary harm unwarranted health safety risks emotional harm ftc find act practice injurious net effects considered unfair determining net effects ftc consider remedy costs burdens society general increased paperwork regulatory burdens reduced incentives innovation capital formation ftc second consumer decisions consider act practice unreasonably creates takes advantage free exercise consumer decisionmaking sec consent order entered ftc enforce alleged unfair deceptive acts practices include termination clause providing order expire years entered relates alleged fraud requires longer time limit consent order longer years unrelated alleged fraud provide ftc review order years entered terminate order achieved initial purposes determining time limit ftc consider impact technological progress order continuing relevance person partnership corporation continue engage violations consent order bill allows persons partnerships corporations subject consent order unrelated alleged fraud effective years petition ftc terminate order sec ftc report annually investigations ftc commenced concluded official agency action closed official agency action consent persons partnerships corporations subject closed investigation ftc describe legal analysis supporting decisions continue investigations industry sectors subject closed investigations bill prohibits ftc including identity person partnership corporation subject investigation description investigation closed official agency action sec ftc prohibited recommending legislative regulatory action publishes economic analysis advice prepared ftc bureau economics indicates analysis advice given requirements apply recommendations appearance commissioner congress state local governments response request member committee congress federal agency response notice_of_proposed_rulemaking united_kingdom european_union sec bill prohibits ftc guidelines general statements policy rights person state locality binding ftc person state locality recommended approach enforcement actions ftc prove violation ftc enforced law ftc enforcement actions consent orders based solely allegations acts practices inconsistent guidelines general policy statements acts practices violate ftc enforced law compliance guidelines general statements policy evidence compliance law guidelines statements issued sec certain ftc investigations involving civil investigative demands terminate months ftc verifiable written communication notify subject investigation investigation continue month period ftc additional verifiable written communication votes extend investigation period expires votes days expiration period send written communication neglect circumstance ftc control rendered notification period impossible bipartisan majority ftc commissioners hold nonpublic meeting discuss official business votes actions taken person meeting ftc commissioner employee attorney ftc office general counsel present bipartisan majority means group commissioners includes political party commissioner member commissioner member political party commissioner political party affiliation unaffiliated commissioner business days nonpublic meeting ftc disclose website list persons attended meeting summary discussed matters matters classified exempt disclosure sec ftc publish submit congress annually ftc plan describing projected activities timelines calendar year report ftc enforcement actions address unfair deceptive acts practices targeted significantly affected individuals older previous year


Summary: Amends trademark registration criteria under the Trademark Act of 1946 to allow the United States, or any state, municipality, county, political subdivision, or other governmental authority in the United States, to register with the U.S. Patent and Trademark Office a trademark that consists of, or comprises, its own flag, coat of arms, or other official insignia. (Currently, an applicant's trademark registration is subject to refusal if the mark consists of, or comprises, the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation.)

amends trademark registration criteria trademark act allow united_states state municipality county political subdivision governmental authority united_states register patent trademark_office trademark consists comprises flag arms official insignia currently applicant trademark registration subject refusal mark consists comprises flag arms insignia united_states state municipality foreign nation


Summary:
Promoting Automotive Repair, Trade, and Sales Act of 2015 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: (1) "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; and (2) "offer to sell" to include marketing or 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 offer sell include marketing pre sale distribution applies act patent issued application filed effective date act


Summary:
Support Technology and Research for Our Nation's Growth Patents Act of 2015 or the STRONG Patents Act of 2015

Directs the U.S. Patent and Trademark Office (USPTO) to prescribe regulations requiring the Patent Trial and Appeal Board (PTAB) to construe patent claims in post-issuance proceedings for inter partes or post-grant review in the same manner as a court in a civil action is required to construe claims regarding the validity of a patent in accordance with the ordinary and customary meaning.

Requires the USPTO to consider a court's claim construction if the court has previously construed the claim in a civil action to which the patent owner was a party.

Requires a patent owner's motion to amend a patent during a post-issuance review to be granted if the owner has not already amended the patent during the review and the proposed number of substitute claims is reasonable. Provides the PTAB with discretion to grant or deny any additional motions to amend the patent if the owner has already amended the patent during the review.

Requires the PTAB to apply a presumption of validity standard during post-issuance challenges. Places the burden on the petitioner to prove unpatentability of: (1) a previously issued claim by clear and convincing evidence, and (2) an amended claim by a preponderance of the evidence. (Currently, the preponderance of evidence standard applies to all such claims.)

Prohibits post-issuance review petitions from being filed with the USPTO unless the person, or a real party in interest or privy of the person, is eligible to file: (1) a petition for an inter partes review because the person has been sued for or charged with infringement such that the petitioner would have standing to bring a declaratory judgment action in federal court, or (2) a petition for post-grant review because the person demonstrates a reasonable possibility of being sued for or charged with infringement or demonstrates a competitive harm related to the validity of the patent.

Allows discovery for review proceedings to include evidence identifying the petitioner's real party in interest.

Allows patent owners to present supporting evidence in a preliminary response to a petition for review.

Prohibits inter partes or post-grant reviews while the patent is the subject of a reissue or reexamination proceeding.

Prohibits post-issuance reviews from being heard by PTAB members who participated in a decision to institute the review.

Requires reexamination requests to identify real parties in interest. Prohibits ex parte reexaminations if the request is filed more than one year after the requester, or a real party in interest or privy of the requester, is served with a complaint alleging infringement of the patent.

Requires the Supreme Court to eliminate the model complaint for patent infringement.

Requires all patent and trademark fees to be credited to a revolving fund in the Treasury to be known as the United States Patent and Trademark Office Innovation Promotion Fund, which will be available to cover USPTO expenses without fiscal year limitation.

Provides courts with discretion to increase damages awarded to a claimant up to three times the amount found by a jury or assessed by the court upon determining, by a preponderance of the evidence, that infringement was willful or in bad faith.

Allows a finding of liability for actively inducing infringement of a process patent, or for contributory infringement of a process patent, even if the steps of the patented process are not practiced by a single entity.

Provides micro entity status (such status makes certain small entities eligible for reduced patent fees) to certifying: (1) institutions of higher education; or (2) tax exempt, nonprofit organizations that hold title to patents and patent applications on behalf of such an institution of higher education for the purpose of facilitating commercialization of the technologies.

Directs the Small Business Administration to report on the impact of: (1) patent ownership by small businesses, and (2) civil actions against small businesses relating to patent infringement.

Requires the Administrative Office of U.S. Courts to expand an existing pilot program to expedite and provide additional resources to cases in which an individual or small business is accused of patent infringement.

Directs the Federal Trade Commission, and authorizes state attorneys general, to enforce against the pattern or practice of sending written communications (commonly referred to as demand letters) that represent in bad faith that the recipient bears liability or owes compensation for infringing a patent. Requires the practice of sending such bad faith demand letters to be treated as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act.

support technology research nation growth patents act strong patents act directs patent trademark_office uspto prescribe regulations requiring patent trial appeal board patent claims post issuance proceedings inter post grant review manner court civil action required claims validity patent accordance ordinary customary meaning requires uspto consider court claim construction court previously construed claim civil action patent owner party requires patent owner motion amend patent post issuance review granted owner amended patent review proposed number substitute claims reasonable provides discretion grant deny additional motions amend patent owner amended patent review requires apply presumption validity standard post issuance challenges places burden petitioner prove previously issued claim clear convincing evidence amended claim preponderance evidence currently preponderance evidence standard applies claims prohibits post issuance review petitions filed uspto person real party interest person eligible file petition inter review person charged infringement petitioner standing bring declaratory judgment action federal court petition post grant review person demonstrates reasonable possibility charged infringement demonstrates competitive harm related validity patent allows discovery review proceedings include evidence identifying petitioner real party interest allows patent owners present supporting evidence preliminary response petition review prohibits inter post grant reviews patent subject reissue proceeding prohibits post issuance reviews heard members participated decision institute review requires requests identify real parties interest prohibits parte request filed year requester real party interest requester served complaint alleging infringement patent requires supreme_court eliminate model complaint patent infringement requires patent trademark fees credited revolving fund treasury known united_states patent trademark_office innovation promotion fund available cover uspto expenses fiscal year limitation provides courts discretion increase damages awarded claimant times found jury assessed court determining preponderance evidence infringement willful bad faith allows finding liability actively infringement process patent infringement process patent steps patented process single entity provides micro entity status status makes certain small entities eligible reduced patent fees certifying institutions higher education tax exempt nonprofit organizations hold title patents patent applications behalf institution higher education purpose facilitating commercialization technologies directs small_business_administration report impact patent ownership small businesses civil actions small businesses relating patent infringement requires administrative office courts expand existing pilot program expedite provide additional resources cases individual small business accused patent infringement directs federal_trade_commission authorizes state attorneys general enforce pattern practice sending written communications commonly referred demand letters represent bad faith recipient bears liability owes compensation infringing patent requires practice sending bad faith demand letters treated unfair deceptive act practice violation federal_trade_commission_act