H.R. 6621 (112th): To correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code.

Introduced:
Nov 30, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. Lamar Smith [R-TX21]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 112-274.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was enacted after being signed by the President on January 14, 2013.

Progress
Introduced Nov 30, 2012
Referred to Committee Nov 30, 2012
Passed House Dec 18, 2012
Passed Senate with Changes Dec 28, 2012
Passed Senate Jan 01, 2013
Signed by the President Jan 14, 2013
Votes

House Vote on Passage
Dec 18, 2012 7:09 p.m.
Passed 308/89

Cosponsors
none
Committees

House Judiciary

The committee chair determines whether a bill will move past the committee stage.

Summary

No summaries available.

Text

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Last updated Jan 02, 2013.
4 pages

Primary Source

View on THOMAS (The Library of Congress)

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

12/28/2012--Passed Senate amended.
Amends the Leahy-Smith America Invents Act (AIA) to make technical changes regarding the transitional program for covered business method patents and joinder of parties.
Applies, to any civil action commenced on or after enactment of this Act, the AIA's bar on using an accused infringer's failure to obtain the advice of counsel to prove that any infringement was willful or induced.
(Currently, the bar would not take effect until one year after the AIA's enactment.) Prohibits a nine-month waiting period for inter partes review from applying to issuances of first-to-invent patents ineligible for post-grant review.
(Currently, the remaining first-to-invent patents to be issued prior to the effective date of the new first-to-file patent system have no avenue for review during the first nine months because they must wait nine months for inter parties review and are ineligible for post-grant review.) Revises the filing deadline for inter partes review to be after the later of either:
(1) nine months after the grant of a patent (currently, nine months after such grant or the issuance of a reissue patent), or
(2) the termination date of any post-grant review.
Extends the time period for an applicant to file an inventor's oath or declaration, substitute statement, or recorded assignment until the date on which the issue fee for the patent is paid.
(Current law permits a notice of allowance of a patent application only after such a filing.) Makes provisions concerning travel expenses for employees of the U.S. Patent and Trademark Office (USPTO) and the payment of administrative judges effective as of September 16, 2011.
Modifies requirements and time periods for activities relating to patent term adjustments.
Revises the patent extension period for certain international applications.
Specifies that a civil action filed in the U.S. District Court for the Eastern District of Virginia is the exclusive remedy for challenging a USPTO decision on a request for reconsideration of a patent term adjustment determination.
Repeals a provision prohibiting the USPTO from accepting certain international applications designating the United States from anyone not qualified under specified application requirements.
Revises USPTO funding requirements to make all federal patent law fees available for expenses relating to patent processing and to permit patent and trademark fees to be used interchangeably to cover proportionate shares of the USPTO's administrative costs.
(Currently, patent fees are used to cover administrative costs relating to patents while trademark fees are used to cover administrative costs relating to trademarks.) Modifies requirements for applicants filing petitions to institute derivation proceedings and delineates the criteria applied to deem an application as an earlier application with respect to an invention relative to another application.
Sets forth authority for the Patent Trial and Appeal Board to conduct, and for courts to review appeals from, interference proceedings declared after enactment but before the effective date of certain AIA amendments replacing interference proceedings with derivation proceedings.
Modifies the original appointment terms for members of the Patent Public Advisory Committee and the Trademark Public Advisory Committee. Directs the Secretary of Commerce to designate, from among the appointed members, a Chair and Vice Chair of each committee.

House Republican Conference Summary

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No summary available.

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

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United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 125 Stat. 335