,,ii #aacth ,,congress #ast ,session ,s4 #agbj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ah1 #bjac,mr4 ,leahy 7for himself1 ,mr4 ,lee1 ,mr4 ,whitehouse1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to promote transparency in patent ownership and make other improvements to the patent system1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,patent ,transparency and ,improvements ,act of #bjac4 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 ,transparency of patent ownership4,sec4 #d4 ,customer stay4,sec4 #e4 ,bad-faith demand letters4,sec4 #f4 ,small business education1 outreach1 and information access4,sec4 #g4 ,improved post-issuance procedures4,sec4 #h4 ,protection of intellectual-property licenses in bankruptcy4,sec4 #i4 ,codification of the double-patenting doctrine for first-inventor-to-file patents4,sec4 #aj4 ,technical corrections to the ,leahy-,smith ,america ,invents ,act4,sec4 #aa4 ,reports4,sec4 #ab4 ,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 ,transparency of patent ownership 7a7 ,judicial proceedings 7#a7 ,in general ,section #bha of title #ce1 ,united ,states ,code1 is amended-- 7,a7 by striking ,a patentee and inserting 7a7 ,in general4--,a patentee2 and 7,b7 by adding at the end the following3 7b7 ,initial disclosure ,the court shall require a patentee who has filed a civil action under subsection 7a7 to disclose to the court and to all adverse parties1 any persons1 associations of persons1 firms1 partnerships1 corporations 7including parent corporations71 or other entities other than the patentee itself known by the patentee to have-- 7#a7 a financial interest 7of any kind7 in the subject matter in controversy or in a party to the proceeding2 or 7#b7 any other kind of interest that could be substantially affected by the outcome of the proceeding4 7c7 ,definitions ,for purposes of this section1 the terms proceeding and financial interest have the meaning given those terms in section #dee7;d7 of title #bh4 4 7#b7 ,technical and conforming amendment ,section #bij of title #ce1 ,united ,states ,code1 is amended in the first sentence by inserting after inventor1 the following3 any information that a patentee has publicly disclosed under section #bha7;b714 7b7 ,patent and ,trademark ,office proceedings 7#a7 ,in general ,chapter #bf of title #ce1 ,united ,states ,code1 is amended by adding at the end the following3 #bfc4 ,disclosure of information relating to patent ownership 7a7 ,definitions ,in this section-- 7#a7 the term period of noncompliance refers to a period of time during which the ultimate parent entity of an assignee of a patent has not been disclosed to the ,united ,states ,patent and ,trademark ,office in accordance with this section2 and 7#b7 the term ultimate parent entity has the meaning given the term in section #hja4a7;a77#c7 of title #af1 ,code of ,federal ,regulations1 or any successor regulation4 7b7 ,requirement ,to disclose assignment ,an assignment of all substantial rights in an issued patent that results in a change to the ultimate parent entity shall be recorded in the ,patent and ,trademark ,office within #c months of the assignment4 7c7 ,disclosure requirements ,a disclosure under subsection 7b7 shall include the name of the assignee and the ultimate parent entity of the assignee4 7d7 ,failure ,to comply ,if subsection 7b7 has not been complied with with respect to a patent1 in a civil action in which a party asserts a claim for infringement of the patent-- 7#a7 the party asserting infringement of the patent may not recover increased damages under section #bhd or attorney fees under section #bhe with respect to infringing activities taking place during any period of noncompliance2 and 7#b7 the court shall award a prevailing accused infringer reasonable attorney fees and expenses incurred in discovering any previously undisclosed ultimate parent entities in the chain of title4 4 7#b7 ,applicability ,the amendment made by paragraph 7#a7 shall apply to any patent issued on or after the date of enactment of this ,act4 7#c7 ,conforming amendment ,the table of sections for chapter #bf of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new item3 #bfc4 ,disclosure of information relating to patent ownership4 4 #d4 ,customer stay 7a7 ,in general ,chapter #bi of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new section3 #bii;,a4 ,customer stay 7a7 ,definitions ,in this section-- 7#a7 the term covered customer means a party accused of infringing a patent or patents in dispute based on a covered product or process2 7#b7 the term covered manufacturer means a person who manufactures or supplies1 or causes the manufacture or supply of1 a covered product or process1 or a relevant part thereof2 and 7#c7 the term covered product or process means a component1 product1 process1 system1 service1 method1 or a 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 7b7 ,motion for stay ,in a civil action in which a party asserts a claim for relief arising under any ,act of ,congress relating to patents 7other than an action that includes a cause of action described in section #bga7;e7 of this title71 the court shall grant a motion to stay at least the portion of the action against a covered customer that relates to infringement of a patent involving a covered product or process if-- 7#a7 the covered manufacturer and the covered customer consent in writing to the stay2 7#b7 the covered manufacturer is a party to the action or a separate action involving the same patent or patents relating to the same covered product or process2 7#c7 the covered customer agrees to be bound under the principles of collateral estoppel by any issues finally decided as to the covered manufacturer in an action described in paragraph 7#b7 that the covered customer has in common with the covered manufacturer2 and 7#d7 the motion is filed after the first pleading in the action but not later than the later of-- 7,a7 #abj days after service of the first pleading in the action that specifically identifies the covered product or process as a basis for the alleged infringement of the patent by the covered customer1 and specifically identifies how the covered product or process is alleged to infringe the patent2 or 7,b7 the date on which the first scheduling order in the case is entered4 7c7 ,applicability ,a stay issued under subsection 7b7 shall apply only to those asserted patents and products1 systems1 methods1 or components accused of infringement in the action4 7d7 ,lift of stay 7#a7 ,in general ,a stay entered under 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 actions ,in the case of a stay entered under this section based on the participation of the covered manufacturer in a separate action described in subsection 7b77#b71 a motion under paragraph 7#a7 may only be granted if the court in such separate action determines that the showing required under paragraph 7#a7 has been made4 7e7 ,waiver of estoppel effect ,if1 following the grant of a motion to stay under this section1 the covered manufacturer in an action described in subsection 7b77#b7-- 7#a7 seeks or consents to entry of a consent judgment involving one or more of the common issues that gave rise to the stay2 or 7#b7 fails to prosecute1 to a final1 non-appealable judgment1 a final decision as to one or more of the common issues that gave rise to the stay1 the court may1 upon motion1 determine that such consent judgment or unappealed final decision shall not be binding on the covered customer with respect to one or more of such common issues based on a showing that such an outcome would unreasonably prejudice and be manifestly unjust to the covered customer in light of the circumstances of the case4 7f7 ,rule of construction ,nothing in this section shall be construed to limit the ability of a court to grant any stay1 expand any stay granted pursuant to this section1 or grant any motion to intervene1 if otherwise permitted by law4 4 7b7 ,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 ,customer stay4 4 #e4 ,bad-faith demand letters 7a7 ,in general ,chapter #bi of title #ce1 ,united ,states ,code1 as amended by section #d of this ,act1 is amended by adding at the end the following3 #bii;,b4 ,bad-faith demand letters 7a7 ,definition ,in this section1 the term affiliated person means a person affiliated with the intended recipient of a written communication4 7b7 ,unfair or deceptive acts or practices ,it shall be an unfair or deceptive act or practice within the meaning of section #e7;a77#a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#a77 for a person1 in connection with the assertion of a ,united ,states patent1 to engage in the widespread sending of written communications that state that the intended recipients or any affiliated persons are infringing or have infringed the patent and bear liability or owe compensation to another1 if-- 7#a7 the communications falsely threaten that administrative or judicial relief will be sought if compensation is not paid or the infringement issue is not otherwise resolved2 7#b7 the assertions contained in the communications lack a reasonable basis in fact or law1 including1 for example1 because-- 7,a7 the person asserting the patent is not a person1 or does not represent a person1 with the current right to license the patent to1 or to enforce the patent against1 the intended recipients or any affiliated persons2 or 7,b7 the communications seek compensation on account of activities undertaken after the patent has expired2 or 7#c7 the content of the written communications is likely to materially mislead a reasonable recipient1 including1 for example1 because the content fails to include such facts reasonably necessary to inform the recipient of-- 7,a7 the identity of the person asserting a right to license the patent to1 or enforce the patent against1 the intended recipient or any affiliated person2 7,b7 the patent issued by the ,united ,states ,patent and ,trademark ,office alleged to have been infringed2 and 7,c7 the reasons for the assertion that the patent may be or may have been infringed4 7c7 ,enforcement by ,federal ,trade ,commission 7#a7 ,violation of rule ,the engaging of a person in an act or practice described in subsection 7b7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of commission ,the ,federal ,trade ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7#c7 ,privileges and immunities ,any person who engages in an act or practice described in subsection 7b7 shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #bi of title #ce1 ,united ,states ,code1 as amended by section #d of this ,act1 is amended by adding at the end the following3 ,sec4 #bii;,b4 ,bad-faith demand letters4 4 7c7 ,rule of construction ,nothing in any amendment made by this section shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law or to provide the ,federal ,trade ,commission with any additional authority4 #f4 ,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#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 section #bij of title #ce1 ,united ,states ,code1 as amended by section #c7;b7 of this ,act2 and 7,b7 any 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 #g4 ,improved post-issuance procedures 7a7 ,post-,grant review amendment ,section #cbe7;e77#b7 of title #ce1 ,united ,states ,code1 is amended by striking or reasonably could have raised4 7b7 ,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 #h4 ,protection of intellectual-property licenses in bankruptcy 7a7 ,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 7b7 ,trademarks 7#a7 ,in general ,section #aja7ce;,a7 of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,e71 by striking or2 7,b7 in subparagraph 7,f71 by striking title #ag2 and inserting title #ag2 or2 and 7,c7 by adding after subparagraph 7,f7 the following new subparagraph3 7,g7 trademark1 service mark1 or trade name1 as defined in section #aabg of title #ae24 7#b7 ,conforming amendment ,section #cfe7n77#b7 of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,b7-- 7i7 by striking royalty payments and inserting royalty or other payments2 and 7ii7 by striking and where it appears after the semicolon2 7,b7 in subparagraph 7,c71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,d7 in the case of a trademark1 service mark1 or trade name1 the trustee shall not be relieved of a contractual obligation to monitor and control the quality of a licensed product or service4 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 case that is pending on1 or for which a petition or complaint is filed on or after1 such date of enactment4 #i4 ,codification of the double-patenting doctrine for first-inventor-to-file patents 7a7 ,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 in this section as the first patent7 that is not prior art to a claimed invention of another patent 7referred to in this section 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 the 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 7b7 ,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 subsection 7a74 ,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 7c7 ,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 7d7 ,exclusive rule ,a patent subject to section #ajf of title #ce1 ,united ,states ,code1 as added by subsection 7a71 shall not be held invalid on any nonstatutory1 double-patenting ground4 7e7 ,effective date ,the amendments made by this section 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 subsection 7a71 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 #aj4 ,technical corrections to the ,leahy-,smith ,america ,invents ,act 7a7 ,technical corrections 7#a7 ,inventor's oath or declaration 7,a7 ,amendment ,section #aae7;g77#a7 of title #ce1 ,united ,states ,code1 is amended-- 7i7 in the matter preceding subparagraph 7,a71 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 #aab-bi2 #abe ,stat4 #bic74 7#b7 ,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 #aab-bi2 #abe ,stat4 #bhe74 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 #aab-bi2 #abe ,stat4 #bhh74 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 ,section #caf7;a77#h7 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 ,section #cbf7;a77#h7 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 ,time limit for commencing misconduct proceedings 7,a7 ,amendment ,the fourth sentence of section #cb of title #ce1 ,united ,states ,code1 is amended by striking #a year and inserting #b years4 7,b7 ,effective date ,the amendment made by this paragraph shall apply to any action in which the ,office files a complaint on or after the date of enactment of this ,act4 #aa4 ,reports 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 with reference to 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 7d7 ,study on ,patent ,small ,claims ,court 7#a7 ,study required 7,a7 ,in general ,the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,federal ,judicial ,center1 shall1 using existing resources1 conduct a study to examine the idea of developing a pilot program for patent small claims courts in certain judicial districts within the existing patent pilot program mandated by ,public ,law #aaa-cdi 7#bh ,u4,s4,c4 #acg note74 7,b7 ,contents of study ,the study conducted under subparagraph 7,a7 shall examine-- 7i7 the number and qualifications for judges that could serve on the courts described in subparagraph 7,a72 7ii7 how the courts described in subparagraph 7,a7 would be designated and the necessary criteria2 7iii7 the costs that would be incurred for establishing1 maintaining and operating the pilot program described in subparagraph 7,a72 and 7iv7 the steps that would be taken to ensure that the pilot small claims courts are not misused for abusive patent litigation4 7#b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,administrative ,office of the ,united ,states ,courts 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 from the study required under paragraph 7#a74 #ab4 ,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