S.Amdt. 2060

SA 2060. Mr. LEAHY (for himself and Mr. Tillis) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Schumer 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.

(a) In General.--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 assignments and ownership.--The Patent
and Trademark Office shall maintain a publicly accessible
register of interests in patents and applications for patents
and shall record any document related thereto upon request,
and may require a fee therefor.
``(3) Requirement to record certain assignments.--
``(A) In general.--Whenever all substantial rights in a
patent are assigned to a person, including a legal or
governmental entity or a parent corporation--
``(i) the patentee shall, not later than 90 days after the
date of the assignment, submit a request described in
paragraph (2) with respect to the assignment; and
``(ii) the Patent and Trademark Office shall, upon
receiving the request submitted under clause (i), record the
assignment in the register described in paragraph (2).
``(B) Effect of failure to comply.--During any period in
which the requirements of subparagraph (A)(i) are not
satisfied with respect to a patent to which this paragraph
applies, no party may recover, for the infringement of that
patent in any action, increased damages under section 284.
``(C) Rules.--The Director may prescribe rules to implement
this paragraph, including rules for the proper recording of
the assignments of patents.'';
(2) in the first undesignated paragraph following
subsection (a), as so designated by paragraph (1) of this
subsection, 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
subsection, 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
subsection, by striking ``An interest'' and inserting the
following:
``(d) Effect of Assignment.--An interest''.
(b) Applicability.--The amendments made by subsection (a)
shall apply with respect to any assignment that occurs on or
after the date of enactment of this Act.
______