S.Amdt. 1741

SA 1741. 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. ___. PATENTS.

(a) In General.--Chapter 30 of title 35, United States Code, is amended--

(1) in section 302, in the first sentence, by inserting “or on the basis of credible evidence that any such claim was obtained through fraud” after “section 301”;

(2) in section 303--

(A) in subsection (a)--

(i) in the first sentence, by inserting “or enforceability” after “patentability”; and

(ii) in the second sentence, by inserting “, or a substantial new question of enforceability is raised by credible evidence of fraud,” after “patents and publications”; and

(B) in subsection (c), in the first sentence, by inserting “or enforceability” after “patentability”;

(3) in section 304, in the first sentence, by inserting “or enforceability” after “patentability”; and

(4) in section 307--

(A) in the section heading, by inserting “unenforceability,” after “unpatentability,”; and

(B) in subsection (a), by inserting “or unenforceable” after “unpatentable”.

(b) Technical and Conforming Amendment.--The table of sections for chapter 30 of title 35, United States Code, is amended by striking the item relating to section 307 and inserting the following:

“307. Certificate of patentability, unpatentability, unenforceability, and claim cancellation.”.