,,ib ,union ,calendar ,no4 #agg #aadth ,,congress #ast ,session ,h4 ,r4 #i ,report ,no4 #aad-bce ,,in ,,the ,,house ,,of ,,representatives ,february #e1 #bjae ,mr4 ,goodlatte 7for himself1 ,mr4 ,de,fazio1 ,mr4 ,issa1 ,mr4 ,nadler1 ,mr4 ,smith of ,texas1 ,ms4 ,lofgren1 ,mr4 ,chabot1 ,ms4 ,eshoo1 ,mr4 ,forbes1 ,mr4 ,pierluisi1 ,mr4 ,chaffetz1 ,mr4 ,jeffries1 ,mr4 ,marino1 ,mr4 ,farenthold1 ,mr4 ,holding1 ,mr4 ,johnson of ,ohio1 ,mr4 ,huffman1 ,mr4 ,honda1 ,mr4 ,larsen of ,washington1 and ,mr4 ,thompson of ,california7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,july #bi1 #bjae ,additional sponsors3 ,mr4 ,swalwell of ,california1 ,mr4 ,pearce1 ,mr4 ,sessions1 ,mr4 ,fincher1 ,mr4 ,amodei1 ,mr4 ,hardy1 ,mr4 ,cleaver1 and ,mr4 ,culberson ,july #bi1 #bjae ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,february #e1 #bjae ,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 recommendations of 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 all claims necessary to produce the identification 7under paragraph 7#c77 of each process1 machine1 manufacture1 or composition of matter 7referred to in this section as an #8accused instrumentality'7 that is alleged to infringe any claim of each patent that is identified under paragraph 7#a74 7#c7 ,for each claim identified under paragraph 7#b71 an identification of each accused instrumentality 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 7or a representative model number7 of each accused instrumentality2 or 7,b7 if there is no name or model number1 a description of each accused instrumentality4 7#e7 ,for each accused instrumentality identified under paragraph 7#c71 a clear and concise statement of-- 7,a7 where each element of each claim identified under paragraph 7#b7 is found within the accused instrumentality2 and 7,b7 with detailed specificity1 how each limitation of each claim identified under paragraph 7#b7 is met by the accused instrumentality4 7#f7 ,for each claim of indirect infringement1 a description of the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement4 7#g7 ,a description of the authority of the party alleging infringement to assert each patent identified under paragraph 7#a7 and of the grounds for the court's jurisdiction4 7b7 ,information not readily accessible ,if information required to be disclosed under subsection 7a7 is not readily accessible to a party after an inquiry reasonable under the circumstances1 as required by ,rule #aa of the ,federal ,rules of ,civil ,procedure1 that information may instead be generally described1 along with an explanation of why such undisclosed information was not readily accessible1 and of any efforts made by such party to access such information4 7c7 ,amendment of pleadings ,nothing in this section shall be construed to affect a party's ability to amend pleadings as specified in the ,federal ,rules of ,civil ,procedure4 ,amendments permitted by the court are subject to the pleading requirements set forth in this section4 7d7 ,confidential information ,a party required to disclose information described under subsection 7a7 may file1 under seal1 information believed to be confidential1 with a motion setting forth good cause for such sealing4 ,if such motion is denied by the court1 the party may seek to file an amended complaint4 7e7 ,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 and conduct of the nonprevailing party or parties were reasonably justified in law and fact or that special circumstances 7such as severe economic hardship to a named inventor7 make an award unjust4 7b7 ,certification and recovery ,upon motion of any party to the action1 the court shall require another party to the action to certify whether or not the other party will be able to pay an award of fees and other expenses if such an award is made under subsection 7a74 ,if a nonprevailing party is unable to pay an award that is made against it under subsection 7a71 the court may make a party that has been joined under section #bii7;d7 with respect to such party liable for the unsatisfied portion of the award4 7c7 ,covenant not to sue ,a party to a civil action who asserts a claim for relief arising under any ,act of ,congress relating to patents against another party1 and who subsequently unilaterally 7i7 seeks dismissal of the action without consent of the other party and 7ii7 extends to such other party a covenant not to sue for infringement with respect to the patent or patents at issue1 may be the subject of a motion for attorneys fees under subsection 7a7 as if it were a non-prevailing party1 unless the party asserting such claim would have been entitled1 at the time that such covenant was extended1 to dismiss voluntarily the action without a court order under ,rule #da of the ,federal ,rules of ,civil ,procedure1 or the interests of justice require otherwise4 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 subsection 7f74 7,c7 ,amendment 7i7 ,in general ,section #bgc of title #ce1 ,united ,states ,code1 as amended by subparagraph 7,b71 is further amended by striking subsection 7g74 7ii7 ,effective date ,the amendment made by this subparagraph 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-bi74 7#c7 ,effective date ,except as otherwise provided in this subsection1 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 the first day of the #f-month period ending on that effective 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 ,except as otherwise provided under this subsection1 in a civil action arising under any ,act of ,congress relating to patents in which fees and other expenses have been awarded under section #bhe to a prevailing party defending against an allegation of infringement of a patent claim1 and in which the nonprevailing party alleging infringement is unable to pay the award of fees and other expenses1 the court shall grant a motion by the prevailing party to join an interested party if such prevailing party shows that the nonprevailing party has no substantial interest in the subject matter at issue other than asserting such patent claim in litigation4 7#b7 ,limitation on joinder 7,a7 ,discretionary denial of motion ,the court may deny a motion to join an interested party under paragraph 7#a7 if-- 7i7 the interested party is not subject to service of process2 or 7ii7 joinder under paragraph 7#a7 would deprive the court of subject matter jurisdiction or make venue improper4 7,b7 ,required denial of motion ,the court shall deny a motion to join an interested party under paragraph 7#a7 if-- 7i7 the interested party did not timely receive the notice required by paragraph 7#c72 or 7ii7 within #cj days after receiving the notice required by paragraph 7#c71 the interested party renounces1 in writing and with notice to the court and the parties to the action1 any ownership1 right1 or direct financial interest 7as described in paragraph 7#d77 that the interested party has in the patent or patents at issue4 7#c7 ,notice requirement ,an interested party may not be joined under paragraph 7#a7 unless it has been provided actual notice1 within #cj days after the expiration of the time period during which a certification under paragraph 7#d77;,b7 is required to be filed1 that the interested party has been identified in the initial disclosure under section #bij7;b7 and that such party may therefore be an interested party subject to joinder under this subsection4 ,such notice shall be provided by the party who subsequently moves to join the interested party under paragraph 7#a71 and shall include language that-- 7,a7 identifies the action1 the parties thereto1 the patent or patents at issue1 and the pleading or other paper that identified the party under section #bij7;b72 and 7,b7 informs the party that it may be joined in the action and made subject to paying an award of fees and other expenses under section #bhe7;b7 if-- 7i7 fees and other expenses are awarded in the action against the party alleging infringement of the patent or patents at issue under section #bhe7;a72 7ii7 the party alleging infringement is unable to pay the award of fees and other expenses2 7iii7 the party receiving notice under this paragraph is determined by the court to be an interested party2 and 7iv7 the party receiving notice under this paragraph has not1 within #cj days after receiving such notice1 renounced in writing1 and with notice to the court and the parties to the action1 any ownership1 right1 or direct financial interest 7as described in paragraph 7#d77 that the interested party has in the patent or patents at issue4 7#d7 ,additional requirements for joinder 7,a7 ,initial statement ,this subsection shall not apply to an action unless a party defending against an allegation of infringement of a patent claim files1 not later than #ad days before the date on which a scheduling conference is held or the date on which a scheduling order is due under ,rule #af7;b7 of the ,federal ,rules of ,civil ,procedure1 a statement that such party holds a good faith belief1 based on publicly available information and any other information known to such party1 that the party alleging infringement has no substantial interest in the subject matter at issue other than asserting the patent in litigation4 7,b7 ,certification ,this subsection shall not apply to an action if the party alleging infringement files1 not later than #de days after the date on which such party is served with the initial statement described under subparagraph 7,a71 a certification that-- 7i7 establishes and certifies to the court1 under oath1 that such party will have sufficient funds available to satisfy any award of reasonable attorney's fees and expenses under section #bhe if an award is assessed2 7ii7 demonstrates that such party has a substantial interest in the subject matter at issue other than asserting the patent in litigation2 or 7iii7 is made under oath that there are no other interested parties4 7#e7 ,exception for university technology transfer organizations ,this subsection shall not apply to a technology transfer organization whose primary purpose is to facilitate the commercialization of technologies developed by one or more institutions of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 if such technology transfer organization is alleging infringement on behalf of an entity that would not be subject to this subsection4 7#f7 ,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 employee of the party alleging infringement-- 7,i7 whose principal source of income or employment is employment with the party alleging infringement2 or 7,,ii7 whose sole financial interest in the patent or patents at issue is a salary or hourly wage paid by the party alleging infringement2 7ii7 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 7iii7 a person whose sole financial interest in the patent or patents at issue is ownership of an equity or security interest in the party alleging infringement1 unless such person also has the right or ability to direct or control 7membership on the board of directors alone is not sufficient to demonstrate such right or ability7 the civil action4 7#g7 ,substantial interest ,in this subsection1 the term substantial interest includes an interest in the subject matter of a patent at issue if the party-- 7,a7 invented the subject matter2 or 7,b7 commercially practices or implements1 made substantial preparations directed particularly to commercially practicing or implementing1 or is engaged in research and development in1 technology in the field of the subject matter4 4 7d7 ,discovery stay 7#a7 ,amendment ,chapter #bi of title #ce1 ,united ,states ,code1 as amended by subsection 7a71 is further amended by inserting after section #bha;,a 7as added by such subsection7 the following new section3 #bha;,b4 ,stay of discovery pending a preliminary motion4 7a7 ,in general ,except as provided in subsection 7d71 in an action for patent infringement under section #bga or an action for a declaratory judgement that a patent is invalid or not infringed1 discovery shall be stayed if-- 7#a7 the defendant moves to-- 7,a7 sever a claim or drop a party for misjoinder under ,rule #ba of the ,federal ,rules of ,civil ,procedure2 7,b7 transfer the action under section #adjd7;a7 of title #bh2 7,c7 transfer or dismiss the action under section #adjf7;a7 of title #bh2 or 7,d7 dismiss the action pursuant to ,federal ,rule of ,civil ,procedure #ab7;b72 and 7#b7 such motion is filed within #ij days after service of the complaint and includes a declaration or other evidence in support of the motion4 7b7 ,expiration of stay ,a stay entered under subsection 7a7 shall expire when all motions that are the basis for the stay are decided by the court4 7c7 ,priority of decision ,in an action described in subsection 7a71 the court shall decide a motion to sever a claim or drop a party for misjoinder under ,rule #ba of the ,federal ,rules of ,civil ,procedure1 to transfer under section #adjd7;a7 to title #bh1 to transfer or dismiss under #adjf7;a7 of title #bh1 or to dismiss the action pursuant to ,federal ,rule of ,civil ,procedure #ab7;b7 before the earlier of the date on which the court-- 7#a7 decides any other substantive motion1 provided however that the court may decide a question of its own jurisdiction at any time2 or 7#b7 issues a scheduling order under ,rule #af7;b7 of the ,federal ,rules of ,civil ,procedure4 7d7 ,exception 7#a7 ,discovery necessary to decide motion ,notwithstanding subsection 7a71 the court may allow such discovery as the court determines to be necessary to decide a motion to sever1 drop a party1 dismiss1 or transfer4 7#b7 ,competitive harm ,subsections 7a7 and 7c7 shall not apply to an action in which the patentee is granted a preliminary injunction to prevent harm arising from the manufacture1 use1 sale1 offer for sale1 or importation of an allegedly infringing product or process that competes with a product or process made1 sold1 or offered for sale by the patentee4 7#c7 ,consent of the parties ,the patentee and an opposing party shall be excluded1 in whole or in part1 from the limitations of subsections 7a7 and 7c7 upon such parties' filing with the court a signed stipulation agreeing to such exclusion4 7#d7 ,,fda and biological product application ,subsections 7a7 and 7c7 shall not apply to an action that includes a cause of action described under section #bga7;e77#b74 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;,a1 as added by subsection 7a71 the following new item3 #bha;,b4 ,stay of discovery pending a preliminary motion4 4 7e7 ,sense of ,congress ,it is the sense of ,congress that it is an abuse of the patent system and against public policy for a party to send out purposely evasive demand letters to end users alleging patent infringement4 ,demand letters sent should1 at the least1 include basic information about the patent in question1 what is being infringed1 and how it is being infringed4 ,any actions or litigation that stem from these types of purposely evasive demand letters to end users should be considered a fraudulent or deceptive practice and an exceptional circumstance when considering whether the litigation is abusive4 7f7 ,demand letters ,section #bhd of title #ce1 ,united ,states ,code1 is amended-- 7#a7 in the first undesignated paragraph1 by striking ,upon finding and inserting 7a7 ,in general4--,upon finding2 7#b7 in the second undesignated paragraph1 by striking ,when the damages and inserting 7b7 ,assessment by court2 treble damages4--,when the damages2 7#c7 by inserting after subsection 7b71 as designated by paragraph 7#b7 of this subsection1 the following3 7c7 ,willful infringement ,a claimant seeking to establish willful infringement may not rely on evidence of pre-suit notification of infringement unless that notification identifies with particularity the asserted patent1 identifies the product or process accused1 identifies the ultimate parent entity of the claimant1 and explains with particularity1 to the extent possible following a reasonable investigation or inquiry1 how the product or process infringes one or more claims of the patent4 2 and 7#d7 in the last undesignated paragraph1 by striking ,the court and inserting 7d7 ,expert testimony4--,the court4 7g7 ,venue 7#a7 ,amendment ,subsection 7b7 of section #adjj of title #bh1 ,united ,states ,code1 is amended to read as follows3 7b7 ,venue for action relating to patents ,notwithstanding subsections 7b7 and 7c7 of section #acia of this title1 any civil action for patent infringement or any action for a declaratory judgment that a patent is invalid or not infringed may be brought only in a judicial district-- 7#a7 where the defendant has its principal place of business or is incorporated2 7#b7 where the defendant has committed an act of infringement of a patent in suit and has a regular and established physical facility that gives rise to the act of infringement2 7#c7 where the defendant has agreed or consented to be sued in the instant action2 7#d7 where an inventor named on the patent in suit conducted research or development that led to the application for the patent in suit2 7#e7 where a party has a regular and established physical facility that such party controls and operates1 not primarily for the purpose of creating venue1 and has-- 7,a7 engaged in management of significant research and development of an invention claimed in a patent in suit prior to the effective filing date of the patent2 7,b7 manufactured a tangible product that is alleged to embody an invention claimed in a patent in suit2 or 7,c7 implemented a manufacturing process for a tangible good in which the process is alleged to embody an invention claimed in a patent in suit2 or 7#f7 for foreign defendants that do not meet the requirements of paragraphs 7#a7 or 7#b71 according to section #acia7;d7 of this title4 4 7#b7 ,mandamus relief ,for the purpose of determining whether relief may issue under section #afea of title #bh1 ,united ,states ,code1 a clearly and indisputably erroneous denial of a motion under section #adjf7;a7 of such title to dismiss or transfer a case on the basis of section #adjj7;b7 of such title shall be deemed to cause irremediable interim harm4 7#c7 ,retailers not eligible for customer stay ,if a defendant does not meet the definition of a retailer under section #bif7;a77#f7 of title #ce1 ,united ,states ,code1 as added by section #e1 solely because the defendant manufacturers or causes the manufacture of the covered product or process in suit1 the retail facilities of such defendant shall not constitute a regular and established physical facility for purposes of section #adjj7;b77#b7 of title #bh1 ,united ,code1 as added by paragraph 7#a74 7#d7 ,teleworkers ,the dwelling or residence of an employee or contractor of a defendant who works at such dwelling or residence shall not constitute a regular and established physical facility of the defendant for purposes of section #adjj7;b77#b7 of title #bh1 ,united ,code1 as added by paragraph 7#a74 7h7 ,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 subparagraph 7,b7 or 7,c74 7,e7 ,a clear and concise description of the principal business1 if any1 of the party alleging infringement4 7,f7 ,a list of each complaint filed1 of which the party alleging infringement has knowledge1 that asserts or asserted any of the patents identified under subparagraph 7,a74 7,g7 ,for each patent identified under subparagraph 7,a71 whether a standard-setting body has specifically declared such patent to be essential1 potentially essential1 or having potential to become essential to that standard-setting body1 and whether the ,united ,states ,government or a foreign government has imposed specific licensing requirements with respect to such patent4 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 subparagraph 7,b7 or 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 under section #bhe that are 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 company or 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 ,definitions ,in this section3 7#a7 ,covered customer ,the term covered customer means a retailer or end user that is accused of infringing a patent or patents in dispute based on-- 7,a7 the sale1 or offer for sale1 of a covered product or covered process without material modification of the product or process in a manner that is alleged to infringe a patent or patents in dispute2 or 7,b7 the use by such retailer1 the retailer's end user customer1 or an end user of a covered product or covered process without material modification of the product or process in a manner that is alleged to infringe a patent or patents in dispute4 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 covered process1 or a relevant part thereof4 7#c7 ,covered process ,the term covered process means a process1 method1 or a relevant part thereof1 that is alleged to infringe a patent or patents in dispute where such process1 method1 or relevant part thereof is implemented by an apparatus1 material1 system1 software1 or other instrumentality that is provided by the covered manufacturer4 7#d7 ,covered product ,the term covered product means a product1 system1 service1 component1 material1 or apparatus1 or relevant part thereof1 that-- 7,a7 is alleged to infringe a patent or patents in dispute2 or 7,b7 implements a process alleged to infringe the patent or patents in dispute4 7#e7 ,end user ,the term end user includes an affiliate of an end user1 but does not include an entity that manufacturers or causes the manufacture of a covered product or covered process1 or a relevant part thereof4 7#f7 ,retailer ,the term retailer means an entity that generates revenues predominately through the sale to the public of consumer goods or services1 or an affiliate of such entity1 but does not include an entity that manufacturers or causes the manufacturer of a covered product or covered process1 or a relevant part thereof4 7b7 ,stay of action against customer ,except as provided in subsection 7d71 in any civil action in which a party asserts a claim for relief 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 covered process if the following requirements are met3 7#a7 ,party to the action ,the covered manufacturer is a party to the action or to a separate action 7in which a party asserts a claim for relief arising under any ,act of ,congress relating to patents7 involving the same patent or patents related to the same covered product or covered process4 7#b7 ,agreement to be bound by issues determined ,the covered customer agrees to be bound as to issues determined in an action described in paragraph 7#a7 without a full and fair opportunity to separately litigate any such issue1 but only as to those issues for which all other elements of the common law doctrine of issue preclusion are met4 7#c7 ,deadline to file motion ,the motion is filed after the first pleading in the action but not later than the later of-- 7,a7 the #abjth day after the date on which the first pleading or paper in the action is served that specifically identifies the covered product or covered process as a basis for the covered customer's alleged infringement of the patent and that specifically identifies how the covered product or covered process is alleged to infringe the patent2 or 7,b7 the date on which the first scheduling order in the case is entered4 7#d7 ,manufacturer consent in certain cases ,in a case in which the covered manufacturer has been made a party to the action on motion by the covered customer1 the covered manufacturer and the covered customer consent in writing to the stay4 7c7 ,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 the suit against the covered customer 7such as a covered product or covered process identified in the motion to lift the stay is not a material part of the claimed invention or inventions in the patent or patents in dispute72 or 7,b7 the stay unreasonably prejudices or 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 under this section based on the participation of the covered manufacturer in a separate action described in subsection 7b77#a71 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 7d7 ,exemption ,this section shall not apply to an action that includes a cause of action described under section #bga7;e77#b74 7e7 ,waiver of estoppel effect ,the court may1 upon motion1 determine that a consent judgment or an unappealed final order shall not be binding on the covered customer with respect to one or more of the issues that gave rise to the stay based on a showing that such consent judgment or unappealed final order would unreasonably prejudice or be manifestly unjust to the covered customer in light of the circumstances of the case if1 following the grant of a motion to stay under this section1 the covered manufacturer described in subsection 7b77#a7-- 7#a7 obtains or consents to entry of a consent judgment relating to such issue that gave rise to the stay2 or 7#b7 fails to prosecute to a final1 non-appealable judgment such issue that gave rise to the stay4 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 under 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 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 the first day of the #cj-;day period that ends on that date4 #f4 ,procedures and practices to implement recommendations of the ,judicial ,conference 7a7 ,pilot program for rules and procedures on discovery burdens and costs and case management 7#a7 ,definitions ,in this subsection1 the term electronic communication means any form of electronic communication1 including email1 text message1 and instant message4 7#b7 ,development of rules and procedures ,not later than #c months after the date of the enactment of this ,act1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall designate not fewer than #f of the district courts of the ,united ,states that are participating in the patent cases pilot program established under section #a of ,public ,law #aaa-cdi 7#bh ,u4,s4,c4#acg note7 to develop rules and procedures to implement the proposals described in paragraphs 7#c7 through 7#e7 to address the asymmetries in discovery burdens and costs1 and to establish case management procedures1 in any civil action arising under any ,act of ,congress relating to patents4 7#c7 ,types of discovery rules and procedures to be considered ,the discovery rules and procedures required under paragraph 7#b7 shall address each of the following3 7,a7 ,discovery of core documentary evidence ,whether and to what extent each party to the action is entitled to receive core documentary evidence and should be responsible for the costs of producing core documentary evidence within the possession or control of each such party1 and whether and to what extent each party may seek non-core documentary discovery as otherwise provided in the ,federal ,rules of ,civil ,procedure4 7,b7 ,electronic communication ,if the parties request discovery of electronic communication1 how such discovery should be phased to occur relative to the exchange of initial disclosures and core documentary evidence1 and appropriate limitations to apply to such discovery4 7,c7 ,scope of documentary evidence ,the kinds of evidence that should constitute core documentary evidence4 7#d7 ,specific discovery rules and procedures to be considered for additional document discovery ,the discovery rules and procedures required under paragraph 7#b7 shall address whether the following provisions1 or variations on the following provisions1 should apply3 7,a7 ,in general ,whether each party to the action may seek any additional document discovery otherwise permitted under the ,federal ,rules of ,civil ,procedure beyond core documentary evidence1 if such party bears the reasonable costs1 including reasonable attorney's fees1 of the additional document discovery4 7,b7 ,requirements for additional document discovery ,whether1 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 7,c7 ,good cause modification ,whether a court1 upon motion and for good cause shown1 may modify the requirements of subparagraphs 7,a7 and 7,b7 and any definition of core documentary evidence4 7,d7 ,computer code ,whether a court1 upon motion and for good cause shown1 may determine that computer code should be included in the discovery of core documentary evidence1 and whether the discovery of computer code shall occur after the parties have exchanged initial disclosures and other core documentary evidence4 7,e7 ,discovery sequence and scope ,whether 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 described in subparagraphs 7,a7 and 7,b7 will be sought4 7iii7 ,any issues about infringement1 invalidity1 or damages that1 if resolved before the additional document discovery described in subparagraphs 7,a7 and 7,b7 commences1 might simplify or streamline the case4 7#e7 ,case management rules and procedures to be considered ,the rules and procedures required under paragraph 7#b7 shall also address case management procedures 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 7b7 ,implementation of rules and procedures ,within #ah months after the designation by the ,director of the ,administrative ,office of the #f district courts to develop the rules and procedures pursuant to subsection 7a71 the #f district courts shall complete the development of the rules and procedures1 and begin to implement them4 7c7 ,expansion of pilot program for rules and procedures on discovery burdens and costs and case management ,after the rules and procedures developed by the pilot program pursuant to subsection 7a7 have been in effect for at least #b years1 the ,judicial ,conference of the ,united ,states1 using existing resources1 may expand the application of some or all of those rules and procedures to be implemented by all the district courts1 and the ,united ,states ,court of ,federal ,claims1 for any civil action arising under any ,act of ,congress relating to patents4 7d7 ,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 7e7 ,protection of intellectual-,property licenses in bankruptcy 7#a7 ,in general ,section #aebb of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,section #cfe7n7 shall apply to cases under this chapter4 ,if the foreign representative rejects or repudiates a contract under which the debtor is a licensor of intellectual property1 the licensee under such contract shall be entitled to make the election and exercise the rights described in section #cfe7n74 4 7#b7 ,trademarks 7,a7 ,in general ,section #aja7ce;,a7 of title #aa1 ,united ,states ,code1 is amended-- 7i7 in subparagraph 7,e71 by striking or2 7ii7 in subparagraph 7,f71 by striking title #ag2 and inserting title #ag2 or2 and 7iii7 by adding after subparagraph 7,f7 the following new subparagraph3 7,g7 a trademark1 service mark1 or trade name1 as those terms are defined in section #de of the ,act of ,july #e1 #aidf 7commonly referred to as the ,trademark ,act of #aidf7 7#ae ,u4,s4,c4 #aabg72 4 7,b7 ,conforming amendment ,section #cfe7n77#b7 of title #aa1 ,united ,states ,code1 is amended-- 7i7 in subparagraph 7,b7-- 7,i7 by striking royalty payments and inserting royalty or other payments2 and 7,,ii7 by striking and after the semicolon2 7ii7 in subparagraph 7,c71 by striking the period at the end of clause 7ii7 and inserting 2 and2 and 7iii7 by adding at the end the following new subparagraph3 7,d7 in the case of a trademark1 service mark1 or trade name1 the licensee shall not be relieved of any of its obligations to maintain the quality of the products and services offered under or in connection with the licensed trademark1 service mark1 or trade name1 and the trustee shall retain the right to oversee and enforce quality control for such products or services1 or both4 4 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 case that is pending on1 or for which a petition or complaint is filed on or after1 such date of enactment4 7f7 ,in general ,not later than #ab months after the date of the enactment of this ,act1 the ,judicial ,conference of the ,united ,states1 with the assistance of the ,director of the ,federal ,judicial ,center and the ,director of the ,administrative ,office of the ,united ,states ,courts1 shall prepare and transmit to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives a report on discovery proceedings in cases pertaining to litigation involving patent laws of the ,united ,states4 ,the report shall contain1 after looking at data compiled for the previous two years before the date of the enactment of this ,act1 the following3 7#a7 ,the percentage of courts that have distinct phases of discovery in the court rules4 7#b7 ,a description of at least two of the definitions of such phases4 7#c7 ,identify by name any court that does not have such distinct phases and a description of why such courts have not implemented such phases4 7#d7 ,with regard to proceedings in courts that have phases1 in the case of a discovery proceeding that extends beyond the core documents phase1 a description of-- 7,a7 what additional discovery was requested and any consistent pattern or trend in the reasons or justifications for the request2 7,b7 how much longer1 on average1 the proceedings lasted than those settled within the first phase2 and 7,c7 any patterns for the courts that repeatedly have extended requests4 7#e7 ,looking at proceedings in the courts that do not have phase rules1 a description of-- 7,a7 how long1 on average1 the discovery proceedings last2 and 7,b7 the scope of the requests4 #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 outreach ,the existing small business patent outreach programs of the ,office1 and the relevant offices at the ,small ,business ,administration and the ,minority ,business ,development ,agency1 shall provide education and awareness on abusive patent litigation practices4 ,the ,director may give special consideration to the unique needs of small firms owned by disabled veterans1 service-disabled veterans1 women1 and minority entrepreneurs in planning and executing the outreach efforts by the ,office4 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 and1 with respect to each patent at issue in such case1 the ,director shall include-- 7,a7 information disclosed under 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 ,report on study ,not later than #ah months 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 #a year 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 shall1 using existing resources1 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 patent 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 on study ,not later than #a year 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 ,center and the ,united ,states ,patent and ,trademark ,office1 shall1 using existing resources1 conduct a study to examine the idea of developing a pilot program for patent small claims procedures in certain judicial districts within the existing patent pilot program mandated by ,public ,law #aaa-cdi4 7,b7 ,contents of study ,the study under subparagraph 7,a7 shall examine-- 7i7 the necessary criteria for using small claims procedures2 7ii7 the costs that would be incurred for establishing1 maintaining1 and operating such a pilot program2 and 7iii7 the steps that would be taken to ensure that the procedures used in the pilot program are not misused for abusive patent litigation4 7#b7 ,report on study ,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 of the ,director of the ,administrative ,office from the study required under paragraph 7#a74 7e7 ,study on demand letters 7#a7 ,study ,the ,director1 in consultation with the heads of other appropriate agencies1 shall1 using existing resources1 conduct a study of the prevalence of the practice of sending patent demand letters in bad faith and the extent to which that practice may1 through fraudulent or deceptive practices1 impose a negative impact on the marketplace4 7#b7 ,report to congress ,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 7#c7 ,patent demand letter defined ,in this subsection1 the term patent demand letter means a written communication relating to a patent that states or indicates1 directly or indirectly1 that the recipient or anyone affiliated with the recipient is or may be infringing the patent4 7f7 ,study on business method patent quality 7#a7 ,,gao study ,the ,comptroller ,general of the ,united ,states shall1 using existing resources1 conduct a study on the volume and nature of litigation involving business method patents4 7#b7 ,contents of study ,the study required under paragraph 7#a7 shall focus on examining the quality of business method patents asserted in suits alleging patent infringement1 and may include an examination of any other areas that the ,comptroller ,general determines to be relevant4 7#c7 ,report to congress ,not later than #a year 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 or regulations that the ,comptroller ,general considers appropriate on the basis of the study4 7g7 ,study on ,impact of ,legislation on ,ability of ,individuals and ,small ,businesses ,to ,protect ,exclusive ,rights to ,inventions and ,discoveries 7#a7 ,study required ,the ,director1 in consultation with the ,secretary of ,commerce1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 the ,director of the ,federal ,judicial ,center1 the heads of other relevant agencies1 and interested parties1 shall1 using existing resources of the ,office1 conduct a study to examine the economic impact of sections #c1 #d1 and #e of this ,act1 and any amendments made by such sections1 on the ability of individuals and small businesses owned by women1 veterans1 and minorities to assert1 secure1 and vindicate the constitutionally guaranteed exclusive right to inventions and discoveries by such individuals and small business4 7#b7 ,report on study ,not later than #b years 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 #i4 ,improvements and technical corrections to the ,leahy-,smith ,america ,invents ,act 7a7 ,post-,grant review amendment ,section #cbe7;e77#b7 of title #ce1 ,united ,states ,code is amended by striking or reasonably could have raised4 7b7 ,reform of ,patent ,trial and ,appeal ,board proceedings 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 a semicolon2 and 7,c7 by adding at the end the following new paragraphs3 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 construction2 and 7#ae7 providing that a review may not be instituted unless the petitioner certifies that the petitioner and the real parties in interest of the petitioner-- 7,a7 do not own and will not acquire a financial instrument 7including a prepaid variable forward contract1 equity swap1 collar1 or exchange fund7 that is designed to hedge or offset any decrease in the market value of an equity security of the patent owner or an affiliate of the patent owner1 during a period following the filing of the petition to be determined by the ,director2 and 7,b7 have not demanded payment1 monetary or otherwise1 from the patent owner or an affiliate of the patent owner in exchange for a commitment not to file a petition under section #caa with respect to the patent that is the subject of the petition1 unless the petitioner or the real party in interest of the petitioner has been sued for or charged with infringement of the patent1 during a period to be determined by the ,director4 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 a semicolon2 and 7,c7 by adding at the end the following new paragraphs3 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 construction2 and 7#ad7 providing that a review may not be instituted unless the petitioner certifies that the petitioner and the real parties in interest of the petitioner-- 7,a7 do not own and will not acquire a financial instrument 7including a prepaid variable forward contract1 equity swap1 collar1 or exchange fund7 that is designed to hedge or offset any decrease in the market value of an equity security of the patent owner or an affiliate of the patent owner1 during a period following the filing of the petition to be determined by the ,director2 and 7,b7 have not demanded payment1 monetary or otherwise1 from the patent owner or an affiliate of the patent owner in exchange for a commitment not to file a petition under section #caa with respect to the patent that is the subject of the petition1 unless the petitioner or the real party in interest of the petitioner has been sued for or charged with infringement of the patent1 during a period to be determined by the ,director4 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 #cbi2 #ce ,u4,s4,c4 #cba note7 is amended by striking ,section #cba7;c7 and inserting ,sections #cba7;c7 and #cbf7;a77#ac74 7#d7 ,declaration evidence 7,a7 ,preliminary response to petition for inter partes review ,section #cac of title #ce1 ,united ,states ,code1 is amended by striking the period at the end and inserting 1 including affidavits or declarations of supporting evidence and opinions44 7,b7 ,preliminary response to petition for post-grant review ,section #cbc of title #ce1 ,united ,states ,code1 is amended by striking the period at the end and inserting 1 including affidavits or declarations of supporting evidence and opinions44 7#e7 ,right of due process 7,a7 ,inter partes review ,section #caf7;b7 of title #ce1 ,united ,states ,code1 is amended by striking and the ability and inserting the rights to due process of the patent owner and the petitioner1 and the ability4 7,b7 ,post-grant review ,section #cbf7;b7 of title #ce1 ,united ,states ,code1 is amended by striking and the ability and inserting the rights to due process of the patent owner and the petitioner1 and the ability4 7#f7 ,serial or redundant petitions ,the ,director shall designate as precedential 7and may change the designation as the ,director determines to be appropriate71 with respect to the application of subsections 7d7 and 7e7 of section #cbe of title #ce1 ,united ,states ,code1 the decisions of the ,patent ,trial and ,appeal ,board in each of the following decisions3 7,a7 ,dell ,inc4 v4 ,electronics and ,telecomms4 ,research ,inst41 ,,ipr#bjae-jjedi1 ,paper #aj 7,,ptab ,mar4 #bf1 #bjae74 7,b7 ,zimmer ,holdings1 ,inc4 v4 ,bonutti ,skeletal ,innovations ,,llc1 ,,ipr#bjad-jajhj1 ,paper #ag 7,,ptab ,oct4 #ca1 #bjad74 7,c7 ,prism ,pharma ,co41 ,ltd4 v4 ,choongwae ,pharma ,corp41 ,,ipr#bjad-jjcae1 ,paper #ad 7,,ptab ,july #h1 #bjad74 7,d7 ,unilever1 ,inc4 v4 ,the ,procter ,gamble ,co41 ,,ipr#bjad-jjejf1 ,paper #ag 7,,ptab ,july #g1 #bjad74 7#g7 ,preliminary response to inter partes review amendment 7,a7 ,amendment ,section #cac of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new sentence3 ,the ,director may accept a reply by the petitioner to new issues raised in the preliminary response1 upon request by the petitioner to file such reply1 within a time period set by the ,director4 7,b7 ,conforming amendments ,section #cad of title #ce1 ,united ,states ,code1 is amended-- 7i7 in subsection 7a71 by striking any response and inserting any response or reply2 and 7ii7 in subsection 7b7-- 7,i7 in paragraph 7#a71 by striking receiving a preliminary response to the petition and inserting receiving the later of a preliminary response to the petition or a reply to such preliminary response2 and 7,,ii7 by amending paragraph 7#b7 to read as follows3 7#b7 if-- 7,a7 no such preliminary response is filed1 the last date on which such response may be filed2 and 7,b7 such preliminary response is filed and no such reply is requested1 the last day on which such reply may be requested4 4 7#h7 ,effective date1 regulations1 and transition for short sales 7,a7 ,effective date ,sections #caf7;a77#ae7 and #cbf7;a77#ad7 of title #ce1 ,united ,states ,code1 as added by paragraphs 7#a7 and 7#b7 shall take effect on the date of the enactment of this ,act4 7,b7 ,regulations required ,not later than one year after the date of the enactment of this ,act1 the ,director shall issue regulations to carry out sections #caf7;a77#ae7 and #cbf7;a77#ad7 of title #ce1 ,united ,states ,code1 as added by paragraphs 7#a7 and 7#b74 7,c7 ,transition ,during the period that begins on the date of the enactment of this ,act and ends on the date of the issuance of the regulations required pursuant to subparagraph 7,b71 a petition filed under chapter #ca or #cb of title #ce1 ,united ,states ,code1 on or after the date of the enactment of this ,act may not be instituted unless the petitioner certifies that the petitioner and the real parties in interest of such petitioner-- 7i7 do not own a financial instrument described in sections #caf7;a77#ae7 and #cbf7;a77#ad7 of title #ce1 ,united ,states ,code1 as added by paragraphs 7#a7 and 7#b71 during the one-week period following the date on which the petition is filed2 and 7ii7 have not demanded anything of value from the patent owner or an affiliate of the patent owner during the period between ,september #af1 #bjab1 and the date of the filing of the petition4 7#i7 ,effective date ,except as otherwise provided1 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 as the case may be1 for which the petition for review is filed on or after such effective date4 7c7 ,codification of the double-patenting doctrine 7#a7 ,amendments 7,a7 ,conditions for patentability2 novelty ,section #ajb of title #ce1 ,united ,states ,code1 is amended by inserting at the end the following new subsection3 7e7 ,double-patenting prior art ,if a first claimed invention in a first patent was effectively filed on or before the effective filing date of a second claimed invention in a second patent or in the application on which the second patent issues1 and the first claimed invention is not otherwise prior art to the second claimed invention under this section1 then the first claimed invention shall1 notwithstanding the other subsections of this section1 constitute prior art to the second claimed invention under this subsection unless-- 7#a7 the second claimed invention is consonant with a requirement for restriction under the first sentence of section #aba with respect to the claims issued in the first patent2 or 7#b7 an election has been recorded in the ,office by the owner of the second patent or the application on which the second patent issues disclaiming the right to bring or maintain a civil action under section #bha to enforce the second patent1 except that such disclaimer shall not apply if-- 7,a7 the relief being sought in the civil action would not constitute a cause of action barred by res judicata had the asserted claims of the second patent been issued in the first patent2 and 7,b7 the owner of the first patent or the application on which the first patent issues has recorded an election limiting the enforcement of the first patent relative to the second patent in the manner described in this paragraph1 the owner of the first patent is a party to the civil action1 or a separate action under section #bha to enforce the first patent can no longer be brought or maintained4 4 7,b7 ,divisional applications ,section #aba of title #ce1 ,united ,states ,code1 is amended by striking the third sentence4 7,c7 ,limitations ,paragraph 7#b7 of section #aed7;b7 of title #ce1 ,united ,states ,code1 is amended by inserting at the end the following new subparagraph3 7,d7 ,patents subject to election ,if a patent is subject to an election as described in section #ajb7;e77#b7 with respect to one or more other patents1 the adjusted term of the patent under this subsection may not exceed a period of #ag years from the date of issuance of any of such other patents and the portion of any adjustment of the term of the patent under this subsection that extends beyond the expiration of such #ag-year period years shall be void4 4 7#b7 ,effective date1 implementation1 and other transition provisions 7,a7 ,in general ,the amendments made by paragraph 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-bi74 7,b7 ,savings clause ,if a second claimed invention in a second patent issued before the date of the enactment of this ,act is subject to the amendments made by paragraph 7#a7 and would not have been invalid had the amendments made by paragraph 7#a7 and the provisions of this paragraph not been enacted1 then1 notwithstanding section #ajb7;e7 of title #ce1 ,united ,states ,code1 as added by paragraph 7#a71 prior art under such section #ajb7;e7 may not be considered in determining the validity of such second claimed invention4 7,c7 ,provisional rejections to continue ,if a first claimed invention in a first application for patent subject to the amendments under paragraph 7#a7 would1 if issued as a patent1 constitute prior art under section #ajb7;e7 of title #ce1 ,united ,states ,code1 as added by paragraph 7#a71 with respect to a second claimed invention in a second application1 the first claimed invention may be provisionally cited by the ,office as prior art in a notice under section #acb of title #ce1 ,united ,states ,code1 in connection with the examination of the second claimed invention4 7,d7 ,patent term2 rule of construction 7i7 ,in general ,if the term of a patent is based upon the amendments made to subsection 7a7 of section #aed1 title #ce1 ,united ,states ,code1 by the ,uruguay ,round ,agreements ,act 7,public ,law #ajc-dfe2 #ajh ,stat4 #dhji7-- 7,i7 the patent term as provided under subsection 7a7 of such section #aed1 any adjustment to said term as provided under subsection 7b7 of such section #aed1 and any extension of such term as provided under section #aef of title #ce1 ,united ,states ,code1 shall not constitute1 nor be deemed by the ,office or the courts to constitute1 an unjustified period of protection under the patent or an unjustified extension of the right to exclude under the patent relative to an earlier-expiring patent2 7,,ii7 the ,office shall not condition the issuance of such a patent on a disclaimer of any portion of the term of the patent2 and 7,,iii7 the ,office may condition the issuance of such a patent on the making of an election as described in section #ajb7;e77#b7 of title #ce1 ,united ,states ,code1 as added by paragraph 7#a7 in lieu of the filing of a disclaimer with respect to the ownership or separate enforcement of the patent that would otherwise be required by the ,office in cases of non-statutory double patenting4 7ii7 ,disclaimers in pending applications ,a terminal disclaimer made in connection with an application for patent with respect to one or more other applications or patents shall be given no effect and shall be treated as having never been made if-- 7,i7 within one year after the date of the enactment of this ,act1 an election as described in section #ajb7;e77#b7 of title #ce1 ,united ,state ,code1 as added by paragraph 7#a71 has been made in connection with the application or any patent issuing thereon and has effect with respect to each such other application or patent with respect to which the disclaimer was made2 7,,ii7 the application was pending before the ,office on or after ,july #a1 #bjae2 and 7,,iii7 the term of a patent issued on the application would be based upon the amendments made to subsection 7a7 of section #aed of title #ce1 ,united ,states ,code1 by the ,uruguay ,round ,agreements ,act4 7iii7 ,disclaimers otherwise unaffected ,except as provided in clause 7ii71 nothing in this subsection shall be construed to negate the effect of a terminal disclaimer limiting the enforcement of a patent issued on or before the date of the enactment of this ,act4 7iv7 ,terminal disclaimer defined ,in this subparagraph1 the term terminal disclaimer has the meaning as such term is described in section #a4cba of title #cg1 ,code of ,federal ,regulations4 7,e7 ,exclusive rules 7i7 ,first-inventor-to-file patents ,a claimed invention of a patent described in section #c7n77#a7 of the ,leahy-,smith ,america ,invents ,act 7#ce ,u4,s4,c4 #ajj note7 and issued before1 on1 or after the date of the enactment of this ,act may not be held invalid on any nonstatutory double-patenting ground4 7ii7 ,first-to-invent patents ,a claimed invention of a patent not described in section #c7n77#a7 of the ,leahy-,smith ,america ,invents ,act and issued before1 on1 or after the date of the enactment of this ,act may not be held invalid with respect to a claimed invention of another patent based on any nonstatutory double patenting ground if one of the claimed inventions is prior art to the other claimed invention under section #ajb of title #ce1 ,united ,states ,code1 as in effect on the day prior to the effective date of the amendments made by section #c7;b77#a7 of the ,leahy-,smith ,america ,invents ,act4 7,f7 ,effect of rule of construction and exclusive rules ,subparagraphs 7,d7 and 7,e7 shall take effect on the date of the enactment of this ,act1 except that they shall not apply to any defense raised in a civil action brought before such date4 7d7 ,,pto patent reviews 7#a7 ,clarification 7,a7 ,scope of prior art ,section #ah7;a77#a77;,c77i7 of the ,leahy-,smith ,america ,invents ,act 7#ce ,u4,s4,c4 #cba note7 is amended by striking section #ajb7;a7 and inserting subsection 7a7 or 7e7 of section #ajb4 7,b7 ,effective date ,the amendment made by subparagraph 7,a7 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#b7 ,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 7#c7 ,proceeding consolidation clarification ,section #cae7;c7 of title #ce1 ,united ,states ,code1 is amended to read as follows3 7c7 ,joinder 7#a7 ,joinder of party ,if the ,director institutes an inter partes review1 the ,director1 in his or her discretion1 may join as a party to that inter partes review any person who meets the requirement of properly filing a petition under section #caa that the ,director1 after receiving a preliminary response under section #cac or the expiration of the time for filing such a response1 determines warrants the institution of an inter partes review under section #cad4 7#b7 ,joinder of later filed petition ,for good cause shown1 the ,director may allow a party who files a petition that meets the requirement described in paragraph 7#a7 and concerns the patent of a pending inter partes review to join the petition to the pending review4 4 7e7 ,clarification of jurisdiction 7#a7 ,in general ,an action or claim arises under an ,act of ,congress relating to patents if such action or claim-- 7,a7 necessarily requires resolution of a disputed question as to the validity of a patent or the scope of a patent claim2 or 7,b7 is an action or claim for legal malpractice that arises from an attorney's conduct in relation to an action or claim arising under an ,act of ,congress relating to patents 7including as described in paragraph 7#a774 7#b7 ,applicability ,paragraph 7#a7-- 7,a7 shall apply to all cases filed on or 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 7f7 ,patent ,pilot ,program in ,certain ,district ,courts ,duration 7#a7 ,duration ,section #a7;c7 of ,public ,law #aaa-cdi 7#abd ,stat4 #cfgd2 #bh ,u4,s4,c4 #acg note7 is amended to read as follows3 7c7 ,duration ,the program established under subsection 7a7 shall be maintained using existing resources1 and shall terminate #bj years after the end of the #f-month period described in subsection 7b74 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date of the enactment of this ,act4 7g7 ,management of the ,united ,states ,patent and ,trademark ,office 7#a7 ,in general ,section #c7;b77#a7 of title #ce1 ,united ,states ,code1 is amended in the first sentence-- 7,a7 by striking be vested with the authority to act in the capacity of the and inserting serve as ,acting12 and 7,b7 by inserting before the period or in the event of a vacancy in the office of the ,director4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect on the date of the enactment of this ,act and shall apply with respect to appointments and vacancies occurring before1 on1 or after 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 #aab-bi74 7#b7 ,inventor's oath or declaration 7,a7 ,amendment ,the second sentence of section #aae7;a7 of title #ce1 ,united ,states ,code1 is amended by striking shall execute and inserting may be required to execute4 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-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 #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 matter that is pending on1 or filed on or after1 the date of the enactment of this ,act4 7#f7 ,time limit for commencing misconduct proceedings 7,a7 ,amendment ,section #cb of title #ce1 ,united ,states ,code1 is amended by striking the fourth sentence and inserting the following new sentences3 ,a proceeding under this section shall be commenced not later than the earlier of either the date that is #aj years after the date on which the misconduct forming the basis for the proceeding occurred1 or #ah months after the date on which the ,director of the ,office of ,enrollment and ,discipline received a written grievance 7as prescribed in the regulations established under section #b7;b77#b77;,d77 about a specified individual that describes the misconduct forming the basis for the proceeding4 ,if the misconduct that forms the basis for the proceeding under this section is at issue in a court or administrative-agency proceeding1 the #ah-month period for commencing the proceeding under this section shall be tolled until the court or agency's decision regarding the misconduct becomes final and non-appealable4 ,the #ah-month period for commencing a proceeding under this section also may be tolled by agreement between the parties4 7,b7 ,effective date ,the amendment made by this paragraph shall take effect on the date of the enactment of this ,act and shall apply to any action in which the ,office files a complaint on or after such date of enactment4 7#g7 ,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#h7 ,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#h71 respectively4 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 7#i7 ,global worksharing 7,a7 ,amendment ,section #abb of title #ce1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7f7 ,foreign or ,international ,filing 7#a7 ,provision of information ,the ,director may provide information concerning an application for patent to a foreign or international intellectual property office if a corresponding application is filed with such foreign or international intellectual property office4 ,if the corresponding application is an international application1 such information may also be provided to an ,international ,searching ,authority1 an ,international ,preliminary ,examining ,authority1 or the ,international ,bureau4 7#b7 ,definitions ,for purposes of this subsection1 the terms international application1 ,international ,searching ,authority1 ,international ,preliminary ,examining ,authority1 and ,international ,bureau have the same meaning given those terms under section #cea4 4 7,b7 ,conforming amendment ,section #abb7;a7 of title #ce1 ,united ,states ,code1 is amended by striking subsection 7b7 and inserting subsections 7b7 and 7f74 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 applications for patent that are pending on1 or filed on or after1 such effective date4 7#aj7 ,jurisdiction for appeals of trademark cases 7,a7 ,court of appeals ,section #abie7;a77#d77;,c7 of title #bh1 ,united ,states ,code1 is amended by striking title #ce and inserting title #ce or section #ba7;b7 of the ,act of ,july #e1 #aidf 7commonly referred to as the ,trademark ,act of #aidf7 7#ae ,u4,s4,c4 #ajga7;b772 7,b7 ,conforming amendment ,section #ci7;a7 of the ,act of ,july #e1 #aidf 7commonly referred to as the ,trademark ,act of #aidf7 7#ae ,u4,s4,c4 #aaba7;a77 is amended by striking under this ,act and inserting under this ,act 7except as provided in section #abie7;a77#d7 of title #bh1 ,united ,states ,code74 7,c7 ,effective date ,the amendment made by subparagraph 7,a7 shall apply in any case in which a final judgment is entered by the district court on or after the date of enactment of this ,act4 7#aa7 ,officers and employees amendment 7,a7 ,amendment ,section #c7;b77#c77;,a7 of title #ce1 ,united ,states ,code1 is amended by striking appoint and inserting appoint1 or nominate for appointment by the ,secretary of ,commerce14 7,b7 ,applicability ,section #c7;b77#c77;,b7 of title #ce1 ,united ,states ,code1 as added by subparagraph 7,a7 shall apply to all officers nominated for appointment by the ,secretary of ,commerce before1 on1 or after the date of the enactment of this ,act4 7i7 ,extension of fee-setting authority ,section #aj7;i77#b7 of the ,leahy-,smith ,america ,invents ,act 7,public ,law #aab-bi2 #abe ,stat4 #cai2 #ce ,u4,s4,c4 #da note7 is amended by striking #g-year and inserting #ag-year4 #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 ,july #bi1 #bjae ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed