An amendment numbered 2 printed in Part B of House Report 112-111 to insert language to move the United States to a first to file system only upon a Presidential finding that other major patent authorities have adopted a similar one-year grace period.
What it does: Rewrites page 24, line 3 through page 25, line 12
Rep. John Conyers, Jr. (D-MI)Description
Amendment sought to permit the conversion of the United States to a first-to-file system only upon a Presidential finding that other nations have adopted a similar one-year grace period.
What it changes
1 change to H.R. 1249
We couldn't read part of this amendment. That part is shown as written below.
Rewrites page 24, line 3 through page 25, line 12
ReplacesPrinted pageRemoves page 24, line 3 through page 25, line 12 of the printed bill. See that page
Inserted: (n) Effective Date.--
Inserted: (1) In general.--The amendments made by this section--
Inserted: (A) shall take effect 90 days after the date on which the President issues an Executive order containing the President's finding that major patenting authorities have adopted a grace period having substantially the same effect as that contained under the amendments made by this section; and
Inserted: (B) shall apply to all applications for patent that are filed on or after the effective date under subparagraph (A).
Inserted: (2) Definitions.--In this subsection:
Inserted: (A) Major patenting authorities.--The term "major patenting authorities" means at least the patenting authorities in Europe and Japan.
Inserted: (B) Grace period.--The term "grace period" means the 1-year period ending on the effective filing date of a claimed invention, during which disclosures of the subject matter by the inventor or a joint inventor, or by others who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor, do not qualify as prior art to the claimed invention.
Inserted: (C) Effective filing date.-- The term "effective filing date of a claimed invention" means, with respect to a patenting authority in another country, a date equivalent to the effective filing date of a claimed invention as defined in section 100(i) of title 35, United States Code, as added by subsection (a) of this section.
Inserted: (3) Retention of interference procedures with respect to applications filed before effective date.--In the case of any application for patent that is filed before the effective date under paragraph (1)(A), the provisions of law amended by subsections (h) and (i) shall apply to such application as such provisions of law were in effect on the day before such effective date.
Original wording
Page 24, strike line 3 and all that follows through page 25, line 12, and insert the following:
Shown as written
Page 11, lines 21-23, strike “upon the expiration of the 18-month period beginning on the date of the enactment of this Act,” and insert “on the effective date provided in subsection (n)”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 24, strike line 3 and all that follows through page 25, line 12, and insert the following:
(n) Effective Date.--
(1) In general.--The amendments made by this section--
(A) shall take effect 90 days after the date on which the President issues an Executive order containing the President's finding that major patenting authorities have adopted a grace period having substantially the same effect as that contained under the amendments made by this section; and
(B) shall apply to all applications for patent that are filed on or after the effective date under subparagraph (A).
(2) Definitions.--In this subsection:
(A) Major patenting authorities.--The term “major patenting authorities” means at least the patenting authorities in Europe and Japan.
(B) Grace period.--The term “grace period” means the 1-year period ending on the effective filing date of a claimed invention, during which disclosures of the subject matter by the inventor or a joint inventor, or by others who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor, do not qualify as prior art to the claimed invention.
(C) Effective filing date.-- The term “effective filing date of a claimed invention” means, with respect to a patenting authority in another country, a date equivalent to the effective filing date of a claimed invention as defined in section 100(i) of title 35, United States Code, as added by subsection (a) of this section.
(3) Retention of interference procedures with respect to applications filed before effective date.--In the case of any application for patent that is filed before the effective date under paragraph (1)(A), the provisions of law amended by subsections (h) and (i) shall apply to such application as such provisions of law were in effect on the day before such effective date.
Page 11, lines 21-23, strike “upon the expiration of the 18-month period beginning on the date of the enactment of this Act,” and insert “on the effective date provided in subsection (n)”.
Legislative Activity
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House amendment offered
June 23, 2011
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House amendment offered
June 23, 2011
House amendment offered/reported by: Amendment (A002) offered by Mr. Conyers.(consideration: CR H4481-4482, H4498; text: CR H4481)
June 23, 2011 • 2:11 PM
House amendment not agreed to: On agreeing to the Conyers amendment (A002) Failed by recorded vote: 105 - 316 (Roll no. 482).
June 23, 2011 • 4:40 PM
Roll call votes on amendments in House
June 23, 2011 • 4:40 PM
Amendment failed in Committee of the Whole
June 23, 2011 • 4:40 PM
Amendment (A002) offered by Mr. Conyers. (consideration: CR H4481-4482, H4498; text: CR H4481)
June 23, 2011 • 2:11 PM
On agreeing to the Conyers amendment (A002) Failed by recorded vote: 105 - 316 (Roll no. 482).
June 23, 2011 • 4:40 PM
Votes
1 roll call on this amendment