US Congress House Bill 6621 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on January 14 2013 - 100% progression
Action: 2013-01-14 - Became Public Law No: 112-274.
Text: Latest bill text (Enrolled) [PDF]

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.

To correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code.

Rep. Lamar Smith [R-TX]

2012-12-18 - House - On Motion to Suspend the Rules and Pass, as Amended (Y: 308 N: 89 NV: 34 Abs: 0) [PASS]
2012-12-18 - House - On Motion to Suspend the Rules and Pass, as Amended (Y: 308 N: 89 NV: 34 Abs: 0) [PASS]

Date	Chamber	Action
2013-01-14	Senate	Became Public Law No: 112-274.
2013-01-14	Senate	Signed by President.
2013-01-03	Senate	Presented to President.
2013-01-01	Senate	Motion to reconsider laid on the table Agreed to without objection.
2013-01-01	Senate	On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (consideration: CR H7559; text as House agreed to Senate amendment: CR 12/30/2012 H7455-7456)
2012-12-30	Senate	At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Scott (VA) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was considered as withdrawn.
2012-12-30	Senate	DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 6621.
2012-12-30	Senate	Mr. Smith (TX) moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H7455-7457)
2012-12-30	Senate	Message on Senate action sent to the House.
2012-12-28	Senate	Passed Senate with an amendment by Unanimous Consent.
2012-12-28	Senate	S.AMDT.3444 Amendment SA 3444 agreed to in Senate by Unanimous Consent.
2012-12-28	Senate	S.AMDT.3444 Amendment SA 3444 proposed by Senator Reid for Senator Leahy. (consideration: CR S8517-8518; text: CR S8517-8518)In the nature of a substitute.
2012-12-28	Senate	Measure laid before Senate by unanimous consent. (consideration: CR S8517-8518)
2012-12-19	Senate	Received in the Senate, read twice.
2012-12-18	House	Motion to reconsider laid on the table Agreed to without objection.
2012-12-18	House	On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 308 - 89 (Roll no. 631). (text: CR H6842-6843)
2012-12-18	House	Considered as unfinished business. (consideration: CR H6854)
2012-12-18	House	At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
2012-12-18	House	DEBATE - The House proceeded with forty minutes of debate on H.R. 6621.
2012-12-18	House	Considered under suspension of the rules. (consideration: CR H6842-6844)
2012-12-18	House	Mr. Smith (TX) moved to suspend the rules and pass the bill, as amended.
2012-11-30	House	Referred to the House Committee on the Judiciary.

HB1249 (Related) 2011-09-16 - Became Public Law No: 112-29.

Type	Source
Summary	https://www.congress.gov/bill/112th-congress/house-bill/6621/all-info
Text	https://www.congress.gov/112/bills/hr6621/BILLS-112hr6621ih.pdf
Text	https://www.congress.gov/112/bills/hr6621/BILLS-112hr6621eh.pdf
Text	https://www.congress.gov/112/bills/hr6621/BILLS-112hr6621eas.pdf
Text	https://www.congress.gov/112/bills/hr6621/BILLS-112hr6621enr.pdf
Roll Call	https://clerk.house.gov/Votes/2012631