S.Amdt. 2093

SA 2093. 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.--No party may recover,
for infringement of the patent in any litigation, increased
monetary damages under section 284 for the period that such
assignment was not properly requested to be recorded under
subparagraph (A)(i).
``(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 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) Effective Date; Applicability.--The amendments made by
subsection (a) shall--
(1) take effect on the date that is 1 year after the date
of enactment of this Act; and
(2) apply with respect to any assignment that occurs on or
after the effective date described in paragraph (1).
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