,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #ccji  ,,in ,,the ,,house ,,of  
,,representatives  ,october #bc1        
#bjac,mr4 ,goodlatte 7for himself1 ,mr4 
,de,fazio1 ,mr4 ,coble1 ,ms4 ,lofgren1  
,mr4 ,smith of ,texas1 ,ms4 ,eshoo1 ,mr4
 ,chaffetz1 ,mr4 ,bachus1 ,mr4 ,marino1 
,mr4 ,farenthold1 and ,mr4 ,holding7    
introduced the following bill2 which was
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend title  
#ce1 ,united ,states ,code1 and the     
,leahy-,smith ,america ,invents ,act to 
make improvements and technical         
corrections1 and for other purposes4    
#a4 ,short title2 table of contents  7a7
 ,short title ,this ,act may be cited as
 the ,innovation ,act4  7b7 ,table of   
contents ,the table of contents for this
 ,act is as follows3 ,sec4 #a4 ,short   
title2 table of contents4,sec4 #b4      
,definitions4,sec4 #c4 ,patent          
infringement actions4,sec4 #d4          
,transparency of patent ownership4,sec4 
#e4 ,customer-suit exception4,sec4 #f4  

,procedures and practices to implement  
and recommendations to the ,judicial    
,conference4,sec4 #g4 ,small business   
education1 outreach1 and information    
access4,sec4 #h4 ,studies on patent     
transactions1 quality1 and              
examination4,sec4 #i4 ,improvements and 
technical corrections to the            
,leahy-,smith ,america ,invents         
,act4,sec4 #aj4 ,effective date4  #b4   
,definitions ,in this ,act3 7#a7        
,director ,the term ,director means the 
,under ,secretary of ,commerce for      
,intellectual ,property and ,director of
 the ,united ,states ,patent and        
,trademark ,office4  7#b7 ,office ,the  
term ,office means the ,united ,states  
,patent and ,trademark ,office4  #c4    
,patent infringement actions  7a7       
,pleading requirements  7#a7 ,amendment 
,chapter #bi of title #ce1 ,united      
,states ,code1 is amended by inserting  
after section #bha the following3       
#bha;,a4 ,pleading requirements for     
patent infringement actions  7a7        

,pleading requirements ,except as       
provided in subsection 7b71 in a civil  
action in which a party asserts a claim 
for relief arising under any ,act of    
,congress relating to patents1 a party  
alleging infringement shall include in  
the initial complaint1 counterclaim1 or 
cross-claim for patent infringement1    
unless the information is not reasonably
 accessible to such party1 the          
following3 7#a7 ,an identification of   
each patent allegedly infringed4  7#b7  
,an identification of each claim of each
 patent identified under paragraph 7#a7 
that is allegedly infringed4  7#c7 ,for 
each claim identified under paragraph   
7#b71 an identification of each accused 
apparatus1 product1 feature1 device1    
method1 system1 process1 function1 act1 
service1 or other instrumentality       
7referred to in this section as an      
accused instrumentality7 alleged to     
infringe the claim4  7#d7 ,for each     
accused instrumentality identified under
 paragraph 7#c71 an identification with 

particularity1 if known1 of-- 7,a7 the  
name or model number of each accused    
instrumentality2 or  7,b7 if there is no
 name or model number1 a description of 
each accused instrumentality that1 when 
used1 allegedly results in the practice 
of the claimed invention4  7#e7 ,for    
each accused instrumentality identified 
under paragraph 7#c71 an explanation    
of-- 7,a7 where each element of each    
claim identified under paragraph 7#b7 is
 found within the accused               
instrumentality2  7,b7 whether each such
 element is infringed literally or under
 the doctrine of equivalents2 and  7,c7 
with detailed specificity1 how the terms
 in each claim identified under         
paragraph 7#b7 correspond to the        
functionality of the accused            
instrumentality4  7#f7 ,for each claim  
that is alleged to have been infringed  
indirectly1 a description of-- 7,a7 the 
direct infringement2  7,b7 any person   
alleged to be a direct infringer known  
to the party alleging infringement2 and 

7,c7 the acts of the alleged indirect   
infringer that contribute to or are     
inducing the direct infringement4  7#g7 
,a description of the right of the party
 alleging infringement to assert each-- 
7,a7 patent identified under paragraph  
7#a72 and  7,b7 patent claim identified 
under paragraph 7#b74  7#h7 ,a          
description of the principal business of
 the party alleging infringement4  7#i7 
,a list of each complaint filed1 of     
which the party alleging infringement   
has knowledge1 that asserts or asserted 
any of the patents identified under     
paragraph 7#a74  7#aj7 ,for each patent 
identified under paragraph 7#a71 whether
 such patent has been specifically      
declared as essential1 potentially      
essential1 or having potential to become
 essential to any standard-setting body1
 and whether the ,united ,states        
,government or a foreign government has 
imposed specific licensing requirements 
with respect to such patent4  7b7       
,information not readily accessible ,a  

party required to disclose the          
information described under subsection  
7a7 shall include with such disclosure a
 description of any information         
described under subsection 7a7 that is  
not disclosed1 why such undisclosed     
information was not readily accessible1 
and the efforts made by such party to   
access such undisclosed information4    
7c7 ,confidential information ,for good 
cause shown by a party required to      
disclose the information described under
 subsection 7a71 the court may allow    
certain information that the court      
determines to be confidential to be     
filed under seal4  7d7 ,exemption ,a    
civil action that includes a claim for  
relief arising under section            
#bga7;e77#b7 shall not be subject to the
 requirements of subsection 7a74  4     
7#b7 ,conforming amendment ,the table of
 sections for chapter #bi of title #ce1 
,united ,states ,code1 is amended by    
inserting after the item relating to    
section #bha the following new item3    

#bha;,a4 ,pleading requirements for     
patent infringement actions4  4  7b7    
,fees and other expenses  7#a7          
,amendment ,section #bhe of title #ce1  
,united ,states ,code1 is amended to    
read as follows3  #bhe4 ,fees and other 
expenses  7a7 ,award ,the court shall   
award1 to a prevailing party1 reasonable
 fees and other expenses incurred by    
that party in connection with a civil   
action in which any party asserts a     
claim for relief arising under any ,act 
of ,congress relating to patents1 unless
 the court finds that the position of   
the nonprevailing party or parties was  
substantially justified or that special 
circumstances make an award unjust4  7b7
 ,recovery ,if a nonprevailing party is 
unable to pay reasonable fees and other 
expenses awarded by the court pursuant  
to subsection 7a71 the court may make   
the reasonable fees and other expenses  
recoverable against any interested party
 joined pursuant to section #bii7;d74   
7c7 ,covenant not ,to sue ,a party to a 

civil action that asserts a claim for   
relief arising under any ,act of        
,congress relating to patents against   
another party1 and that subsequently    
unilaterally extends to such other party
 a covenant not to sue for infringement 
with respect to the patent or patents at
 issue1 shall be deemed to be a         
nonprevailing party 7and the other party
 the prevailing party7 for purposes of  
this section1 unless the party asserting
 such claim would have been entitled1 at
 the time that such covenant was        
extended1 to voluntarily dismiss the    
action or claim without a court order   
under ,rule #da of the ,federal ,rules  
of ,civil ,procedure4  4  7#b7          
,conforming amendment and amendment     
7,a7 ,conforming amendment ,the item    
relating to section #bhe of the table of
 sections for chapter #bi of title #ce1 
,united ,states ,code1 is amended to    
read as follows3  #bhe4 ,fees and other 
expenses4  4  7,b7 ,amendment ,section  
#bgc of title #ce1 ,united ,states      

,code1 is amended by striking           
subsections 7f7 and 7g74  7#c7          
,effective date ,the amendments made by 
this subsection shall take effect on the
 date of the enactment of this ,act and 
shall apply to any action for which a   
complaint is filed on or after that     
date4  7c7 ,joinder of interested       
parties ,section #bii of title #ce1     
,united ,states ,code1 is amended by    
adding at the end the following new     
subsection3  7d7 ,joinder of interested 
parties  7#a7 ,joinder ,in a civil      
action arising under any ,act of        
,congress relating to patents1 the court
 shall grant a motion by a party        
defending against an allegation of      
infringement of a patent claim to join  
an interested party if such defending   
party shows that the party alleging     
infringement has no substantial interest
 in the patent or patents at issue other
 than asserting such patent claim in    
litigation4  7#b7 ,limitation on joinder
 ,the court may deny a motion to join an

 interested party under paragraph 7#a7  
if-- 7,a7 the interested party is not   
subject to service of process2 or  7,b7 
joinder under paragraph 7#a7 would      
deprive the court of subject matter     
jurisdiction or make venue improper4    
7#c7 ,interested party defined ,in this 
subsection1 the term interested party   
means a person1 other than the party    
alleging infringement1 that-- 7,a7 is an
 assignee of the patent or patents at   
issue2  7,b7 has a right1 including a   
contingent right1 to enforce or         
sublicense the patent or patents at     
issue2 or  7,c7 has a direct financial  
interest in the patent or patents at    
issue1 including the right to any part  
of an award of damages or any part of   
licensing revenue1 except that a person 
with a direct financial interest does   
not include-- 7i7 an attorney or law    
firm providing legal representation in  
the civil action described in paragraph 
7#a7 if the sole basis for the financial
 interest of the attorney or law firm in

 the patent or patents at issue arises  
from the attorney or law firm's receipt 
of compensation reasonably related to   
the provision of the legal              
representation2 or  7ii7 a person whose 
sole financial interest in the patent or
 patents at issue is ownership of an    
equity interest in the party alleging   
infringement1 unless such person also   
has the right or ability to influence1  
direct1 or control the civil action4  4 
7d7 ,discovery limits  7#a7 ,amendment  
,chapter #bi of title #ce1 ,united      
,states ,code1 is amended by adding at  
the end the following new section3      
#bii;,a4 ,discovery in patent           
infringement action  7a7 ,discovery in  
patent infringement action ,except as   
provided in subsection 7b71 in a civil  
action arising under any ,act of        
,congress relating to patents1 if the   
court determines that a ruling relating 
to the construction of terms used in a  
patent claim asserted in the complaint  
is required1 discovery shall be limited1

 until such ruling is issued1 to        
information necessary for the court to  
determine the meaning of the terms used 
in the patent claim1 including any      
interpretation of those terms used to   
support the claim of infringement4  7b7 
,discretion ,to expand scope of         
discovery  7#a7 ,timely resolution of   
actions ,if1 under any provision of     
,federal law 7including the amendments  
made by the ,drug ,price ,competition   
and ,patent ,term ,restoration ,act of  
#aihd 7,public ,law #ih-dag771          
resolution within a specified period of 
time of a civil action arising under any
 ,act of ,congress relating to patents  
will necessarily affect the rights of a 
party with respect to the patent1 the   
court may permit discovery1 in addition 
to the discovery authorized under       
subsection 7a71 before the ruling       
described in subsection 7a7 is issued as
 necessary to ensure timely resolution  
of the action4  7#b7 ,resolution of     
motions ,when necessary to resolve a    

motion properly raised by a party before
 a ruling relating to the construction  
of terms described in subsection 7a71   
the court may allow limited discovery in
 addition to the discovery authorized   
under subsection 7a7 as necessary to    
resolve the motion4  4  7#b7 ,conforming
 amendment ,the table of sections for   
chapter #bi of title #ce1 ,united       
,states ,code1 is amended by adding at  
the end the following new item3         
#bii;,a4 ,discovery in patent           
infringement action4  4  7e7 ,effective 
date ,except as otherwise provided in   
this section1 the amendments made by    
this section shall take effect on the   
date of the enactment of this ,act and  
shall apply to any action for which a   
complaint is filed on or after that     
date4  #d4 ,transparency of patent      
ownership  7a7 ,amendments ,section #bij
 of title #ce1 ,united ,states ,code1 is
 amended-- 7#a7 in the heading1 by      
striking suits and inserting suits2     
disclosure of interests2  7#b7 by       

striking ,the clerks and inserting 7a7  
,notice of patent suits4--,the clerks2  
and  7#c7 by adding at the end the      
following new subsections3  7b7 ,initial
 disclosure  7#a7 ,in general ,except as
 provided in paragraph 7#b71 upon the   
filing of an initial complaint for      
patent infringement1 the plaintiff shall
 disclose to the ,patent and ,trademark 
,office1 the court1 and each adverse    
party the identity of each of the       
following3 7,a7 ,the assignee of the    
patent or patents at issue4  7,b7 ,any  
entity with a right to sublicense or    
enforce the patent or patents at issue4 
7,c7 ,any entity1 other than the        
plaintiff1 that the plaintiff knows to  
have a financial interest in the patent 
or patents at issue or the plaintiff4   
7,d7 ,the ultimate parent entity of any 
assignee identified under subparagraph  
7,a7 and any entity identified under    
subparagraphs 7,b7 and 7,c74  7#b7      
,exemption ,the requirements of         
paragraph 7#a7 shall not apply with     

respect to a civil action filed under   
subsection 7a7 that includes a cause of 
action described under section          
#bga7;e77#b74  7c7 ,disclosure          
compliance  7#a7 ,publicly traded ,for  
purposes of subsection 7b77#a77;,c71 if 
the financial interest is held by a     
corporation traded on a public stock    
exchange1 an identification of the name 
of the corporation and the public       
exchange listing shall satisfy the      
disclosure requirement4  7#b7 ,not      
publicly traded ,for purposes of        
subsection 7b77#a77;,c71 if the         
financial interest is not held by a     
publicly traded corporation1 the        
disclosure shall satisfy the disclosure 
requirement if the information          
identifies-- 7,a7 in the case of a      
partnership1 the name of the partnership
 and the name and correspondence address
 of each partner or other entity that   
holds more than a #e-percent share of   
that partnership2  7,b7 in the case of a
 corporation1 the name of the           

corporation1 the location of            
incorporation1 the address of the       
principal place of business1 and the    
name of each officer of the corporation2
 and  7,c7 for each individual1 the name
 and correspondence address of that     
individual4  7d7 ,ongoing duty of       
disclosure to the ,patent and ,trademark
 ,office  7#a7 ,in general ,a plaintiff 
required to submit information under    
subsection 7b7 or a subsequent owner of 
the patent or patents at issue shall1   
not later than #ij days after any change
 in the assignee of the patent or       
patents at issue or an entity described 
under subparagraphs 7,b7 and 7,d7 of    
subsection 7b77#a71 submit to the       
,patent and ,trademark ,office the      
updated identification of such assignee 
or entity4  7#b7 ,failure to comply     
,with respect to a patent for which the 
requirement of paragraph 7#a7 has not   
been met-- 7,a7 the plaintiff or        
subsequent owner shall not be entitled  
to recover reasonable fees and other    

expenses under section #bhe or increased
 damages under section #bhd with respect
 to infringing activities taking place  
during any period of noncompliance with 
paragraph 7#a71 unless the denial of    
such damages or fees would be manifestly
 unjust2 and  7,b7 the court shall award
 to a prevailing party accused of       
infringement reasonable fees and other  
expenses incurred to discover the       
updated assignee or entity described    
under paragraph 7#a71 unless such       
sanctions would be unjust4  7e7         
,definitions ,in this section3 7#a7     
,financial interest ,the term financial 
interest-- 7,a7 means-- 7i7 with regard 
to a patent or patents1 the right of a  
person to receive proceeds related to   
the assertion of the patent or patents1 
including a fixed or variable portion of
 such proceeds2 and  7ii7 with regard to
 the plaintiff1 direct or indirect      
ownership or control by a person of more
 than #e percent of such plaintiff2 and 
7,b7 does not mean-- 7i7 ownership of   

shares or other interests in a mutual or
 common investment fund1 unless the     
owner of such interest participates in  
the management of such fund2 or  7ii7   
the proprietary interest of a           
policyholder in a mutual insurance      
company1 of a depositor in a mutual     
savings association1 or a similar       
proprietary interest1 unless the outcome
 of the proceeding could substantially  
affect the value of such interest4  7#b7
 ,proceeding ,the term proceeding means 
all stages of a civil action1 including 
pretrial and trial proceedings and      
appellate review4  7#c7 ,ultimate parent
 entity  7,a7 ,in general ,except as    
provided in subparagraph 7,b71 the term 
ultimate parent entity has the meaning  
given such term in section              
#hja4a7;a77#c7 of title #af1 ,code of   
,federal ,regulations1 or any successor 
regulation4  7,b7 ,modification of      
definition ,the ,director may modify the
 definition of ultimate parent entity by
 regulation4  4  7b7 ,technical and     

conforming amendment ,the item relating 
to section #bij in the table of sections
 for chapter #bi of title #ce1 ,united  
,states ,code1 is amended to read as    
follows3  #bij4 ,notice of patent suits2
 disclosure of interests4  4  7c7       
,regulations ,the ,director may         
promulgate such regulations as are      
necessary to establish a registration   
fee in an amount sufficient to recover  
the estimated costs of administering    
subsections 7b7 through 7e7 of section  
#bij of title #ce1 ,united ,states      
,code1 as added by subsection 7a71 to   
facilitate the collection and           
maintenance of the information required 
by such subsections1 and to ensure the  
timely disclosure of such information to
 the public4  7d7 ,effective date ,the  
amendments made by this section shall   
take effect upon the expiration of the  
#f-month period beginning on the date of
 the enactment of this ,act and shall   
apply to any action for which a         
complaint is filed on or after such     

effective date4  #e4 ,customer-suit     
exception  7a7 ,amendment ,section #bif 
of title #ce1 ,united ,states ,code1 is 
amended to read as follows3  #bif4 ,stay
 of action against customer  7a7 ,stay  
of action against customer ,except as   
provided in subsection 7d71 in any civil
 action arising under any ,act of       
,congress relating to patents1 the court
 shall grant a motion to stay at least  
the portion of the action against a     
covered customer related to infringement
 of a patent involving a covered product
 or process if the following            
requirements are met3 7#a7 ,the covered 
manufacturer and the covered customer   
consent in writing to the stay4  7#b7   
,the covered manufacturer is a party to 
the action or to a separate action      
involving the same patent or patents    
related to the same covered product or  
process4  7#c7 ,the covered customer    
agrees to be bound by any judgment      
entered against the covered manufacturer
 to the same extent that the covered    

manufacturer may be bound with respect  
to issues that the covered manufacturer 
and the covered customer have in common4
  7#d7 ,the motion is filed after the   
first pleading in the action and not    
later than #abj days after service of   
the first pleading in the action that   
specifically identifies-- 7,a7 the      
covered product or process as a basis   
for the alleged infringement of the     
patent by the covered customer2 and     
7,b7 how the covered product or process 
is alleged to infringe the patent4  7b7 
,applicability of stay ,a stay issued   
pursuant to subsection 7a7 shall apply  
only to the patents1 products1 systems1 
or components accused of infringement in
 the action4  7c7 ,lift of stay  7#a7   
,in general ,a stay entered pursuant to 
this section may be lifted upon grant of
 a motion based on a showing that-- 7,a7
 the action involving the covered       
manufacturer will not resolve a major   
issue in suit against the covered       
customer2 or  7,b7 the stay unreasonably

 prejudices and would be manifestly     
unjust to the party seeking to lift the 
stay4  7#b7 ,separate manufacturer      
action involved ,in the case of a stay  
entered based on the participation of   
the covered manufacturer in a separate  
action involving the same patent or     
patents related to the same covered     
product or process1 a motion under this 
subsection may only be made if the court
 in such separate action determines the 
showing required under paragraph 7#a7   
has been met4  7d7 ,exemption ,this     
section shall not apply to an action    
that includes a cause of action         
described under section #bga7;e74  7e7  
,rule of construction ,nothing in this  
section shall be construed to limit the 
ability of a court to grant any stay1 or
 expand any stay granted pursuant to    
this section1 if otherwise permitted by 
law4  7f7 ,definitions ,in this section3
 7#a7 ,covered customer ,the term       
covered customer means a party accused  
of infringing a patent or patents in    

dispute based on a covered product or   
process4  7#b7 ,covered manufacturer    
,the term covered manufacturer means a  
person that manufactures or supplies1 or
 causes the manufacture or supply of1 a 
covered product or process or a relevant
 part of such product or process4  7#c7 
,covered product or process ,the term   
covered product or process means a      
product1 process1 system1 service1      
component1 material1 or apparatus1 or   
relevant part thereof1 that-- 7,a7 is   
alleged to infringe the patent or       
patents in dispute2 or  7,b7 implements 
a process alleged to infringe the patent
 or patents in dispute4  4  7b7         
,conforming amendment ,the table of     
sections for chapter #bi of title #ce1  
,united ,states ,code1 is amended by    
striking the item relating to section   
#bif and inserting the following3  #bif4
 ,stay of action against customer4  4   
7c7 ,effective date ,the amendments made
 by this section shall take effect on   
the date of the enactment of this ,act  

and shall apply to any action for which 
a complaint is filed on or after that   
date4  #f4 ,procedures and practices to 
implement and recommendations to the    
,judicial ,conference  7a7 ,judicial    
,conference rules and procedures on     
discovery burdens and costs  7#a7 ,rules
 and procedures ,the ,judicial          
,conference of the ,united ,states1     
using existing resources1 shall develop 
rules and procedures to implement the   
requirements described in paragraph 7#b7
 to address the asymmetries in discovery
 burdens and costs in any civil action  
arising under any ,act of ,congress     
relating to patents4 ,such rules and    
procedures shall include how and when   
payment for document discovery in       
addition to the discovery of core       
documentary evidence is to occur1 and   
what information must be presented to   
demonstrate financial capacity before   
permitting document discovery in        
addition to the discovery of core       
documentary evidence4  7#b7 ,rules and  

procedures to be considered ,the rules  
and procedures required under paragraph 
7#a7 shall include each of the following
 requirements3 7,a7 ,discovery of core  
documentary evidence ,each party to the 
action is entitled to receive core      
documentary evidence and shall be       
responsible for the costs of producing  
core documentary evidence within the    
possession or control of each such      
party4 ,each party to the action may    
seek nondocumentary discovery as        
otherwise provided in the ,federal      
,rules of ,civil ,procedure4  7,b7      
,electronic communication ,if the       
parties determine that the discovery of 
electronic communication is necessary1  
such discovery shall occur after the    
parties have exchanged initial          
disclosures and core documentary        
evidence and shall be in accordance with
 the following3 7i7 ,any request for the
 production of electronic communication 
shall be specific and may not be a      
general request for the production of   

information relating to a product or    
business4  7ii7 ,each request shall     
identify the custodian of the           
information requested1 the search terms1
 and a time frame4 ,the parties shall   
cooperate to identify the proper        
custodians1 the proper search terms1 and
 the proper time frame4  7iii7 ,a party 
may not submit production requests to   
more than #e custodians1 unless the     
parties jointly agree to modify the     
number of production requests without   
leave of the court4  7iv7 ,the court may
 consider contested requests for up to  
#e additional custodians per producing  
party1 upon a showing of a distinct need
 based on the size1 complexity1 and     
issues of the case4  7v7 ,if a party    
requests the discovery of electronic    
communication for additional custodians 
beyond the limits agreed to by the      
parties or granted by the court1 the    
requesting party shall bear all         
reasonable costs caused by such         
additional discovery4  7,c7 ,additional 

document discovery  7i7 ,in general     
,each party to the action may seek any  
additional document discovery otherwise 
permitted under the ,federal ,rules of  
,civil ,procedure1 if such party bears  
the reasonable costs1 including         
reasonable attorney's fees1 of the      
additional document discovery4  7ii7    
,requirements for additional document   
discovery ,unless the parties mutually  
agree otherwise1 no party may be        
permitted additional document discovery 
unless such a party posts a bond1 or    
provides other security1 in an amount   
sufficient to cover the expected costs  
of such additional document discovery1  
or makes a showing to the court that    
such party has the financial capacity to
 pay the costs of such additional       
document discovery4  7iii7 ,limits on   
additional document discovery ,a court1 
upon motion1 may determine that a       
request for additional document         
discovery is excessive1 irrelevant1 or  
otherwise abusive and may set limits on 

such additional document discovery4     
7iv7 ,good cause modification ,a court1 
upon motion and for good cause shown1   
may modify the requirements of          
subparagraphs 7,a7 and 7,b7 and any     
definition under paragraph 7#c74 ,not   
later than #cj days after the pretrial  
conference under ,rule #af of the       
,federal ,rules of ,civil ,procedure1   
the parties shall jointly submit any    
proposed modifications of the           
requirements of subparagraphs 7,a7 and  
7,b7 and any definition under paragraph 
7#c71 unless the parties do not agree1  
in which case each party shall submit   
any proposed modification of such party 
and a summary of the disagreement over  
the modification4  7v7 ,computer code ,a
 court1 upon motion and for good cause  
shown1 may determine that computer code 
should be included in the discovery of  
core documentary evidence4 ,the         
discovery of computer code shall occur  
after the parties have exchanged initial
 disclosures and other core documentary 

evidence4  7,d7 ,discovery sequence and 
scope ,the parties shall discuss and    
address in the written report filed     
pursuant to ,rule #bf7;f7 of the        
,federal ,rules of ,civil ,procedure the
 views and proposals of each party on   
the following3 7i7 ,when the discovery  
of core documentary evidence should be  
completed4  7ii7 ,whether additional    
document discovery will be sought under 
subparagraph 7,c74  7iii7 ,any issues   
about infringement1 invalidity1 or      
damages that1 if resolved before the    
additional discovery described in       
subparagraph 7,c7 commences1 might      
simplify or streamline the case1        
including the identification of any     
terms or phrases relating to any patent 
claim at issue to be construed by the   
court and whether the early construction
 of any of those terms or phrases would 
be helpful4  7#c7 ,definitions ,in this 
subsection3 7,a7 ,core documentary      
evidence ,in this subsection1 the term  
core documentary evidence-- 7i7         

includes-- 7,i7 documents relating to   
the conception of1 reduction to practice
 of1 and application for1 the patent or 
patents at issue2  7,,ii7 documents     
sufficient to show the technical        
operation of the product or process     
identified in the complaint as          
infringing the patent or patents at     
issue2  7,,iii7 documents relating to   
potentially invalidating prior art2     
7,,iv7 documents relating to any        
licensing of1 or other transfer of      
rights to1 the patent or patents at     
issue before the date on which the      
complaint is filed2  7,v7 documents     
sufficient to show profit attributable  
to the claimed invention of the patent  
or patents at issue2  7,,vi7 documents  
relating to any knowledge by the accused
 infringer of the patent or patents at  
issue before the date on which the      
complaint is filed2  7,,vii7 documents  
relating to any knowledge by the        
patentee of infringement of the patent  
or patents at issue before the date on  

which the complaint is filed2  7,,viii7 
documents relating to any licensing term
 or pricing commitment to which the     
patent or patents may be subject through
 any agency or standard-setting body2   
and  7,,ix7 documents sufficient to show
 any marking or other notice provided of
 the patent or patents at issue2 and    
7ii7 does not include computer code1    
except as specified in paragraph        
7#b77;,c77v74  7,b7 ,electronic         
communication ,the term electronic      
communication means any form of         
electronic communication1 including     
email1 text message1 or instant message4
  7#d7 ,implementation by the ,district 
,courts ,not later than #f months after 
the date on which the ,judicial         
,conference has developed the rules and 
procedures required by this subsection1 
each ,united ,states district court and 
the ,united ,states ,court of ,federal  
,claims shall revise the applicable     
local rules for such court to implement 
such rules and procedures4  7#e7        

,authority for ,judicial ,conference to 
review and modify ,the ,judicial        
,conference shall study the efficacy of 
the rules and procedures required by    
this subsection during the first #d     
years following the implementation of   
such rules and procedures by the        
district courts and the ,united ,states 
,court of ,federal ,claims4 ,the        
,judicial ,conference may modify such   
rules and procedures following such     
#d-year period4  7b7 ,judicial          
,conference patent case management ,the 
,judicial ,conference of the ,united    
,states1 using existing resources1 shall
 develop case management procedures to  
be implemented by the ,united ,states   
district courts and the ,united ,states 
,court of ,federal ,claims for any civil
 action arising under any ,act of       
,congress relating to patents1 including
 initial disclosure and early case      
management conference practices that--  
7#a7 will identify any potential        
dispositive issues of the case2 and     

7#b7 focus on early summary judgment    
motions when resolution of issues may   
lead to expedited disposition of the    
case4  7c7 ,revision of form for patent 
infringement  7#a7 ,elimination of form 
,the ,supreme ,court1 using existing    
resources1 shall eliminate ,form #ah in 
the ,appendix to the ,federal ,rules of 
,civil ,procedure 7relating to          
,complaint for ,patent ,infringement71  
effective on the date of the enactment  
of this ,act4  7#b7 ,revised form ,the  
,supreme ,court may prescribe a new form
 or forms setting out model allegations 
of patent infringement that1 at a       
minimum1 notify accused infringers of   
the asserted claim or claims1 the       
products or services accused of         
infringement1 and the plaintiff's theory
 for how each accused product or service
 meets each limitation of each asserted 
claim4 ,the ,judicial ,conference should
 exercise the authority under section   
#bjgc of title #bh1 ,united ,states     
,code1 to make recommendations with     

respect to such new form or forms4  7d7 
,protection of intellectual-,property   
licenses in bankruptcy  7#a7 ,in general
 ,section #aebj7;a7 of title #aa1       
,united ,states ,code1 is amended-- 7,a7
 in paragraph 7#c71 by striking 2 and   
and inserting a semicolon2  7,b7 in     
paragraph 7#d71 by striking the period  
at the end and inserting 2 and2 and     
7,c7 by inserting at the end the        
following new paragraph3  7#e7 section  
#cfe7n7 applies to intellectual property
 of which the debtor is a licensor or   
which the debtor has transferred4  4    
7#b7 ,effective date ,the amendments    
made by this subsection shall take      
effect on the date of the enactment of  
this ,act and shall apply to any action 
for which a complaint is pending on1 or 
filed on or after1 such date of         
enactment4  #g4 ,small business         
education1 outreach1 and information    
access  7a7 ,small business education   
and outreach  7#a7 ,resources for small 
business ,using existing resources1 the 

,director shall develop educational     
resources for small businesses to       
address concerns arising from patent    
infringement4  7#b7 ,small ,business    
,patent ,ombudsman ,the ,patent         
,ombudsman ,program established under   
section #bh of the ,leahy-,smith        
,america ,invents ,act 7,public ,law    
#aab-bi2 #abe ,stat4 #cci2 #ce ,u4,s4,c4
 #b note7 shall coordinate with the     
existing small business outreach        
programs of the ,office to provide      
education and awareness on abusive      
patent litigation practices4  7b7       
,improving ,information ,transparency   
for ,small ,business and the ,united    
,states ,patent and ,trademark ,office  
users  7#a7 ,web site ,using existing   
resources1 the ,director shall create a 
user-friendly section on the official   
,web site of the ,office to notify the  
public when a patent case is brought in 
,federal court and with respect to each 
patent at issue in such case1 the       
,director shall include-- 7,a7          

information disclosed pursuant to       
subsections 7b7 and 7d7 of section #bij 
of title #ce1 ,united ,states ,code1 as 
added by section #d7;a7 of this ,act2   
and  7,b7 any other information the     
,director determines to be relevant4    
7#b7 ,format ,in order to promote       
accessibility for the public1 the       
information described in paragraph 7#a7 
shall be searchable by patent number1   
patent art area1 and entity4  #h4       
,studies on patent transactions1        
quality1 and examination  7a7 ,study on 
,secondary ,market ,oversight for       
,patent ,transactions ,to ,promote      
,transparency and ,ethical ,business    
,practices  7#a7 ,study required ,the   
,director1 in consultation with the     
,secretary of ,commerce1 the ,secretary 
of the ,treasury1 the ,chairman of the  
,securities and ,exchange ,commission1  
the heads of other relevant agencies1   
and interested parties1 shall1 using    
existing resources of the ,office1      
conduct a study-- 7,a7 to develop       

legislative recommendations to ensure   
greater transparency and accountability 
in patent transactions occurring on the 
secondary market2  7,b7 to examine the  
economic impact that the patent         
secondary market has on the ,united     
,states2  7,c7 to examine licensing and 
other oversight requirements that may be
 placed on the patent secondary market1 
including on the participants in such   
markets1 to ensure that the market is a 
level playing field and that brokers in 
the market have the requisite expertise 
and adhere to ethical business          
practices2 and  7,d7 to examine the     
requirements placed on other markets4   
7#b7 ,submission of study ,not later    
than #a year after the date of the      
enactment of this ,act1 the ,director   
shall submit a report to the ,committee 
on the ,judiciary of the ,house of      
,representatives and the ,committee on  
the ,judiciary of the ,senate on the    
findings and recommendations of the     
,director from the study required under 

paragraph 7#a74  7b7 ,study on patents  
owned by the ,united ,states ,government
  7#a7 ,study required ,the ,director1  
in consultation with the heads of       
relevant agencies and interested        
parties1 shall1 using existing resources
 of the ,office1 conduct a study on     
patents owned by the ,united ,states    
,government that-- 7,a7 examines how    
such patents are licensed and sold1 and 
any litigation relating to the licensing
 or sale of such patents2  7,b7 provides
 legislative and administrative         
recommendations on whether there should 
be restrictions placed on patents       
acquired from the ,united ,states       
,government2  7,c7 examines whether or  
not each relevant agency maintains      
adequate records on the patents owned by
 such agency1 specifically whether such 
agency addresses licensing1 assignment1 
and ,government grants for technology   
related to such patents2 and  7,d7      
provides recommendations to ensure that 
each relevant agency has an adequate    

point of contact that is responsible for
 managing the patent portfolio of the   
agency4  7#b7 ,report on study ,not     
later than #f months after the date of  
the enactment of this ,act1 the         
,director shall submit to the ,committee
 on the ,judiciary of the ,house of     
,representatives and the ,committee on  
the ,judiciary of the ,senate a report  
on the findings and recommendations of  
the ,director from the study required   
under paragraph 7#a74  7c7 ,study on    
,patent ,quality and ,access to the     
,best ,information during ,examination  
7#a7 ,,gao study ,the ,comptroller      
,general of the ,united ,states shall   
conduct a study on patent examination at
 the ,office and the technologies       
available to improve examination and    
improve patent quality4  7#b7 ,contents 
of the study ,the study required under  
paragraph 7#a7 shall include the        
following3 7,a7 ,an examination of      
patent quality at the ,office4  7,b7 ,an
 examination of ways to improve quality1

 specifically through technology1 that  
shall include examining best practices  
at foreign patent offices and the use of
 existing off-the-shelf technologies to 
improve patent examination4  7,c7 ,a    
description of how patents are          
classified4  7,d7 ,an examination of    
procedures in place to prevent double   
patenting through filing by applicants  
in multiple art areas4  7,e7 ,an        
examination of the types of             
off-the-shelf prior art databases and   
search software used by foreign patent  
offices and governments1 particularly in
 ,europe and ,asia1 and whether those   
databases and search tools could be used
 by the ,office to improve patent       
examination4  7,f7 ,an examination of   
any other areas the ,comptroller        
,general determines to be relevant4     
7#c7 ,report to ,congress ,not later    
than #f months after the date of the    
enactment of this ,act1 the ,comptroller
 ,general shall submit to the ,committee
 on the ,judiciary of the ,house of     

,representatives and the ,committee on  
the ,judiciary of the ,senate a report  
on the findings and recommendations from
 the study required by this subsection1 
including recommendations for any       
changes to laws and regulations that    
will improve the examination of patent  
applications and patent quality4  #i4   
,improvements and technical corrections 
to the ,leahy-,smith ,america ,invents  
,act  7a7 ,repeal of civil action ,to   
obtain a patent  7#a7 ,repeal ,section  
#ade of title #ce1 ,united ,states      
,code1 is repealed4  7#b7 ,conforming   
amendments  7,a7 ,federal ,circuit      
jurisdiction ,section #abie7;a77#d7 of  
title #bh1 ,united ,states ,code1 is    
amended-- 7i7 in subparagraph 7,a71 by  
striking except that an applicant or a  
party and all that follows through the  
end of the subparagraph and inserting   
the following3 except that a party to a 
derivation proceeding may also have     
remedy by civil action pursuant to      
section #adf of title #ce2 an appeal    

under this subparagraph of a decision of
 the ,board with respect to a derivation
 proceeding shall waive the right of    
such party to proceed under section #adf
 of title #ce22 and  7ii7 in            
subparagraph 7,c71 by striking section  
#ade1 #adf1 or and inserting section    
#adf or4  7,b7 ,federal ,circuit appeal 
,section #ada7;a7 of title #ce1 ,united 
,states ,code1 is amended-- 7i7 by      
striking may appeal the ,board's        
decision to and inserting may appeal the
 ,board's decision only to2 and  7ii7 by
 striking the second sentence4  7,c7    
,adjustment of patent term ,section     
#aed7;b77#a77;,a77iii7 of title #ce1    
,united ,states ,code1 is amended by    
striking section #ada1 #ade1 or #adf and
 inserting section #ada or #adf4  7,d7  
,clerical amendment ,the table of       
sections for chapter #ac of title #ce1  
,united ,states ,code1 is amended by    
repealing the item relating to section  
#ade4  7#c7 ,effective date ,the        
amendments made by this subsection shall

 apply to any proceeding in which a     
decision is made by the ,patent ,trial  
and ,appeal ,board on or after the date 
of the enactment of this ,act4  7b7     
,post-,grant review amendment ,section  
#cbe7;e77#b7 of title #ce1 ,united      
,states ,code is amended by striking or 
reasonably could have raised4  7c7 ,use 
of district-,court claim construction in
 post-,grant and inter partes reviews   
7#a7 ,inter partes review ,section      
#caf7;a7 of title #ce1 ,united ,states  
,code1 is amended-- 7,a7 in paragraph   
7#ab71 by striking 2 and and inserting a
 semicolon2  7,b7 in paragraph 7#ac71 by
 striking the period at the end and     
inserting 2 and2 and  7,c7 by adding at 
the end the following new paragraph3    
7#ad7 providing that for all purposes   
under this chapter-- 7,a7 each claim of 
a patent shall be construed as such     
claim would be in a civil action to     
invalidate a patent under section       
#bhb7;b71 including construing each     
claim of the patent in accordance with  

the ordinary and customary meaning of   
such claim as understood by one of      
ordinary skill in the art and the       
prosecution history pertaining to the   
patent2 and  7,b7 if a court has        
previously construed the claim or a     
claim term in a civil action in which   
the patent owner was a party1 the       
,office shall consider such claim       
construction4  4  7#b7 ,post-grant      
review ,section #cbf7;a7 of title #ce1  
,united ,states ,code1 is amended-- 7,a7
 in paragraph 7#aa71 by striking 2 and  
and inserting a semicolon2  7,b7 in     
paragraph 7#ab71 by striking the period 
at the end and inserting 2 and2 and     
7,c7 by adding at the end the following 
new paragraph3  7#ac7 providing that for
 all purposes under this chapter-- 7,a7 
each claim of a patent shall be         
construed as such claim would be in a   
civil action to invalidate a patent     
under section #bhb7;b71 including       
construing each claim of the patent in  
accordance with the ordinary and        

customary meaning of such claim as      
understood by one of ordinary skill in  
the art and the prosecution history     
pertaining to the patent2 and  7,b7 if a
 court has previously construed the     
claim or a claim term in a civil action 
in which the patent owner was a party1  
the ,office shall consider such claim   
construction4  4  7#c7 ,technical and   
conforming amendment ,section           
#ah7;a77#a77;,a7 of the ,leahy-,smith   
,america ,invents ,act 7,public ,law    
#aab-bi2 #abf ,stat4 #cbi7 is amended by
 striking ,section #cba7;c7 and         
inserting ,sections #cba7;c7 and        
#cbf7;a77#ac74  7#d7 ,effective date    
,the amendments made by this subsection 
shall take effect upon the expiration of
 the #ij-;day period beginning on the   
date of the enactment of this ,act1 and 
shall apply to any proceeding under     
chapter #ca or #cb of title #ce1 ,united
 ,states ,code1 for which the petition  
for review is filed on or after such    
effective date4  7d7 ,codification of   

the double-,patenting doctrine for      
first-,inventor-,to-,file patents  7#a7 
,amendment ,chapter #aj of title #ce1   
,united ,states ,code1 is amended by    
adding at the end the following new     
section3  #ajf4 ,prior art in cases of  
double patenting ,a claimed invention of
 a patent issued under section #aea     
7referred to as the first patent7 that  
is not prior art to a claimed invention 
of another patent 7referred to as the   
second patent7 shall be considered prior
 art to the claimed invention of the    
second patent for the purpose of        
determining the nonobviousness of the   
claimed invention of the second patent  
under section #ajc if-- 7#a7 the claimed
 invention of the first patent was      
effectively filed under section #ajb7;d7
 on or before the effective filing date 
of the claimed invention of the second  
patent2  7#b7 either-- 7,a7 the first   
patent and second patent name the same  
inventor2 or  7,b7 the claimed invention
 of the first patent would constitute   

prior art to the claimed invention of   
the second patent under section         
#ajb7;a77#b7 if an exception under      
section #ajb7;b77#b7 were deemed to be  
inapplicable and the claimed invention  
of the first patent was1 or were deemed 
to be1 effectively filed under section  
#ajb7;d7 before the effective filing    
date of the claimed invention of the    
second patent2 and  7#c7 the patentee of
 the second patent has not disclaimed   
the rights to enforce the second patent 
independently from1 and beyond the      
statutory term of1 the first patent4  4 
7#b7 ,regulations ,the ,director shall  
promulgate regulations setting forth the
 form and content of any disclaimer     
required for a patent to be issued in   
compliance with section #ajf of title   
#ce1 ,united ,states ,code1 as added by 
paragraph 7#a74 ,such regulations shall 
apply to any disclaimer filed after a   
patent has issued4 ,a disclaimer1 when  
filed1 shall be considered for the      
purpose of determining the validity of  

the patent under section #ajf of title  
#ce1 ,united ,states ,code4  7#c7       
,conforming amendment ,the table of     
sections for chapter #aj of title #ce1  
,united ,states ,code1 is amended by    
adding at the end the following new     
item3  #ajf4 ,prior art in cases of     
double patenting4  4  7#d7 ,exclusive   
rule ,a patent subject to section #ajf  
of title #ce1 ,united ,states ,code1 as 
added by paragraph 7#a71 shall not be   
held invalid on any nonstatutory1       
double-patenting ground4  7#e7          
,effective date ,the amendments made by 
this subsection shall take effect on the
 date of the enactment of this ,act and 
shall apply to a patent or patent       
application only if both the first and  
second patents described in section #ajf
 of title #ce1 ,united ,states ,code1 as
 added by paragraph 7#a71 are patents or
 patent applications that are described 
in section #c7n77#a7 of the             
,leahy-,smith ,america ,invents ,act    
7#ce ,u4,s4,c4 #ajj note74  7e7 ,covered

 business method patent reviews  7#a7   
,limitation2 repeal  7,a7 ,limitation to
 first-to-invent patents ,section       
#ah7;a77#b7 of the ,leahy-,smith        
,america ,invents ,act is amended by    
striking shall not apply to a patent    
described in section #f7;f77#b77;,a7 of 
this ,act during the period in which a  
petition for post-grant review of that  
patent would satisfy the requirements of
 section #cba7;c7 of title #ce1 ,united 
,states ,code and inserting shall not   
apply to a patent that is described in  
section #c7n77#a7 of this ,act 7but is  
not described in section #c7n77#b7 of   
this ,act74  7,b7 ,repeal of sunset     
,section #ah7;a7 of the ,leahy-,smith   
,america ,invents ,act 7#ce ,u4,s4,c4   
#cba note7 is amended by striking       
paragraph 7#c74  7,c7 ,effective date   
,the amendments made by subparagraphs   
7,a7 and 7,b7 shall take effect on the  
date of the enactment of this ,act4     
7#b7 ,definition2 clarification  7,a7   
,definition ,for purposes of section    

#ah7;d7 of the ,leahy-,smith ,america   
,invents ,act1 the words used in the    
practice1 administration1 or management 
of a financial product or service shall 
be construed consistently with the      
institution decision of the ,patent     
,trial and ,appeal ,board of the ,united
 ,states ,patent and ,trademark ,office 
in ,,sap ,america1 ,inc4 v4 ,versata    
,dev4 ,group1 ,inc41 ,,cbm#bjab-jjjja1  
,paper #cf 7,january #i1 #bjac74  7,b7  
,scope of prior art ,section            
#ah7;a77#a77;,c77i7 of the ,leahy-,smith
 ,america ,invents ,act is amended by   
striking section #ajb7;a7 and inserting 
subsection 7a71 7d71 or 7e7 of section  
#ajb4  7,c7 ,effective date             
,subparagraph 7,a7 and the amendment    
made by subparagraph 7,b7 shall take    
effect on the date of the enactment of  
this ,act and shall apply to any        
proceeding pending on1 or filed on or   
after1 such date of enactment4  7#c7    
,authority to waive fee ,subject to     
available resources1 the ,director may  

waive payment of a filing fee for a     
transitional proceeding described under 
section #ah7;a7 of the ,leahy-,smith    
,america ,invents ,act 7#ce ,u4,s4,c4   
#cba note74  7f7 ,clarification of      
limits on patent term adjustment  7#a7  
,amendments ,section #aed7;b77#a77;,b7  
of title #ce1 ,united ,states ,code1 is 
amended-- 7,a7 in the matter preceding  
clause 7i71 by striking not including-- 
and inserting the term of the patent    
shall be extended #a day for each day   
after the end of that #c-year period    
until the patent is issued1 not         
including--2  7,b7 in clause 7i71 by    
striking consumed by continued          
examination of the application requested
 by the applicant and inserting consumed
 after continued examination of the     
application is requested by the         
applicant2  7,c7 in clause 7iii71 by    
striking the comma at the end and       
inserting a period2 and  7,d7 by        
striking the matter following clause    
7iii74  7#b7 ,effective date ,the       

amendments made by this subsection shall
 apply to any patent application or     
patent that is pending on1 or filed on  
or after1 the date of the enactment of  
this ,act4  7g7 ,clarification of       
jurisdiction  7#a7 ,in general ,the     
,federal interest in preventing         
inconsistent final judicial             
determinations as to the legal force or 
effect of the claims in a patent        
presents a substantial ,federal issue   
that is important to the ,federal system
 as a whole4  7#b7 ,applicability       
,paragraph 7#a7-- 7,a7 shall apply to   
all cases filed on1 after1 or pending   
on1 the date of the enactment of this   
,act2 and  7,b7 shall not apply to a    
case in which a ,federal court has      
issued a ruling on whether the case or a
 claim arises under any ,act of         
,congress relating to patents or plant  
variety protection before the date of   
the enactment of this ,act4  7h7        
,technical corrections  7#a7 ,novelty   
7,a7 ,amendment ,section                

#ajb7;b77#a77;,a7 of title #ce1 ,united 
,states ,code1 is amended by striking   
the inventor or joint inventor or by    
another and inserting the inventor or a 
joint inventor or another4  7,b7        
,effective date ,the amendment made by  
subparagraph 7,a7 shall be effective as 
if included in the amendment made by    
section #c7;b77#a7 of the ,leahy-,smith 
,america ,invents ,act 7,public ,law    
,no4 #aab-bi74  7#b7 ,inventor's oath or
 declaration  7,a7 ,amendment           
,subsection 7g77#a7 of section #aae of  
title #ce1 ,united ,states ,code1 is    
amended-- 7i7 by striking claims the    
benefit and inserting is entitled1 as to
 each invention claimed in the          
application1 to the benefit2 and  7ii7  
in subparagraph 7,a71 by striking       
meeting the requirements of subsection  
7a7 was executed by the individual and  
was filed in connection with the        
earlier-filed application and inserting 
the following3 executed by or on behalf 
of the individual was filed in          

connection with the earlier-filed       
application and meets the requirements  
of this section as effective on the date
 such oath or declaration was filed4    
7,b7 ,effective date ,the amendment made
 by subparagraph 7,a7 shall be effective
 as if included in the amendment made by
 section #d7;a77#a7 of the ,leahy-,smith
 ,america ,invents ,act 7,public ,law   
,no4 #aab-bi74  7#c7 ,assignee filers   
7,a7 ,benefit of earlier filing date2   
right of priority ,section #aai7;e77#a7 
of title #ce1 ,united ,states ,code1 is 
amended1 in the first sentence1 by      
striking by an inventor or inventors    
named and inserting that names the      
inventor or a joint inventor4  7,b7     
,benefit of earlier filing date in the  
,united ,states ,section #abj of title  
#ce1 ,united ,states ,code1 is amended1 
in the first sentence1 by striking names
 an inventor or joint inventor and      
inserting names the inventor or a joint 
inventor4  7,c7 ,effective date ,the    
amendments made by this paragraph shall 

take effect on the date of the enactment
 of this ,act and shall apply to any    
patent application1 and any patent      
issuing from such application1 that is  
filed on or after ,september #af1 #bjab4
  7#d7 ,derived patents  7,a7 ,amendment
 ,section #bia7;b7 of title #ce1 ,united
 ,states ,code1 is amended by striking  
or joint inventor and inserting or a    
joint inventor4  7,b7 ,effective date   
,the amendment made by subparagraph 7,a7
 shall be effective as if included in   
the amendment made by section #c7;h77#a7
 of the ,leahy-,smith ,america ,invents 
,act 7,public ,law ,no4 #aab-bi74  7#e7 
,specification ,notwithstanding section 
#d7;e7 of the ,leahy-,smith ,america    
,invents ,act 7,public ,law #aab-bi2    
#abe ,stat4 #big71 the amendments made  
by subsections 7c7 and 7d7 of section #d
 of such ,act shall apply to any        
proceeding or matter1 that is pending   
on1 or filed on or after1 the date of   
the enactment of this ,act4  7#f7       
,patent owner response  7,a7 ,conduct of

 inter partes review ,paragraph 7#h7 of 
section #caf7;a7 of title #ce1 ,united  
,states ,code1 is amended by striking   
the petition under section #cac and     
inserting the petition under section    
#caa4  7,b7 ,conduct of post-grant      
review ,paragraph 7#h7 of section       
#cbf7;a7 of title #ce1 ,united ,states  
,code1 is amended by striking the       
petition under section #cbc and         
inserting the petition under section    
#cba4  7,c7 ,effective date ,the        
amendments made by this paragraph shall 
take effect on the date of the enactment
 of this ,act4  7#g7 ,international     
applications  7,a7 ,amendments ,section 
#bjb7;b7 of the ,patent ,law ,treaties  
,implementation ,act of #bjab 7,public  
,law #aab-baa2 #abf ,stat4 #aecf7 is    
amended-- 7i7 by striking paragraph     
7#g72 and  7ii7 by redesignating        
paragraphs 7#h7 and 7#i7 as paragraphs  
7#g7 and 7#h74  7,b7 ,effective date    
,the amendments made by subparagraph    
7,a7 shall be effective as if included  

in title ,,ii of the ,patent ,law       
,treaties ,implementation ,act of #bjab 
7,public ,law #aab-ba74  #aj4 ,effective
 date ,except as otherwise provided in  
this ,act1 the provisions of this ,act  
shall take effect on the date of the    
enactment of this ,act1 and shall apply 
to any patent issued1 or any action     
filed1 on or after that date4