S.Amdt. 1740

SA 1740. Mr. LEAHY (for himself and Mr. Tillis) submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. OWNERSHIP AND ASSIGNMENT OF PATENTS.

Section 261 of title 35, United States Code, is amended--

(1) by striking the first undesignated paragraph and inserting the following:

“(a) In General.--

“(1) Attributes of personal property.--Subject to the provisions of this title, patents shall have the attributes of personal property.

“(2) Register of interests.--The Patent and Trademark Office shall--

“(A) maintain a register of interests in patents and applications for patents;

“(B) record any document related thereto upon request;

“(C) not later than 90 days after the date on which a patent, or any interest in a patent of not less than 10 percent (in the aggregate), is assigned to any foreign entity or person, require the recording of that assignment; and

“(D) maintain a publicly accessible database that is digitally searchable by fields based on patent number, assignee, assignor, assignment date, and other criteria established by the Office.

“(3) Effect of failure to comply.--No party may recover, for infringement of a patent in any litigation, any monetary damages for any period in which ownership with respect to the patent is not properly recorded in accordance with the requirements of this subsection.”;

(2) in the first undesignated paragraph following subsection (a), as so designated by paragraph (1) of this section, by striking “Applications” and inserting the following:

“(b) Applications.--Applications”;

(3) in the first undesignated paragraph following subsection (b), as so designated by paragraph (2) of this section, by striking “A certificate” and inserting the following:

“(c) Certificate of Acknowledgment.--A certificate”; and

(4) in the first undesignated paragraph following subsection (c), as so designated by paragraph (3) of this section, by striking “An interest” and inserting the following:

“(d) Effect of Assignment.--An interest”.