,,ii #aadth ,,congress #ast ,session ,s4 #ibf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ad1 #bjae,ms4 ,baldwin 7for herself and ,mr4 ,vitter7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the patent law to promote basic research1 to stimulate publication of scientific documents1 to encourage collaboration in scientific endeavors1 to improve the transfer of technology to the private sector1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,grace ,period ,restoration ,act of #bjae4 #b4 ,findings2 purposes 7a7 ,findings ,congress finds the following3 7#a7 ,language in the ,leahy-,smith ,america ,invents ,act 7,public ,law #aab-bi2 #abe ,stat4 #bhd7 and regulations and examination guidelines issued by the ,united ,states ,patent and ,trademark ,office implementing provisions of that ,act have created uncertainty regarding the scope of the #a-year grace period during which an inventor who discloses an invention to the public may decide whether to file a patent application for the invention 7referred to in this ,act as the grace period74 7#b7 ,the regulatory reading of the ,leahy-,smith ,america ,invents ,act does not comport with the intent of the sponsors of that ,act4 7#c7 ,in performing more than #ej percent of all basic research in the ,united ,states and pursuing the transfer of research results to the private sector for the benefit of the public under the auspices of chapter #ah of title #ce1 ,united ,states ,code 7commonly known as the ,bayh-,dole ,act71 institutions of higher education and government laboratories face a difficult and expensive challenge in gaining and utilizing the full scope of patent rights4 7#d7 ,the uncertainty relating to the grace period created by the ,leahy-,smith ,america ,invents ,act adds to the challenge faced by institutions of higher education and government laboratories in gaining and utilizing the full scope of patent rights4 7#e7 ,job growth and the creation of start-up companies and small businesses are thwarted by uncertainty as to the scope of the grace period and by the difficulty and expense of gaining and utilizing patent rights1 which hinders the economy of the ,united ,states and the technological leadership of the ,united ,states in a competitive global economy4 7#f7 ,ambiguity and uncertainty in statutory text and government regulations breed abusive and expensive patent litigation4 7#g7 ,discouragement of scientific research publication-- 7,a7 delays the disclosure of scientific advances to the public2 7,b7 thwarts scientific advances2 7,c7 chills collaborative research activities2 and 7,d7 delays1 if not denies1 the opportunity for the public to realize the benefits of research results4 7#h7 ,misappropriation by third parties of disclosed inventions is likely to increase1 especially in countries that take advantage of the technological prowess of the ,united ,states without appropriately compensating inventors4 7#i7 ,secrecy is anathema to-- 7,a7 the maintenance of a viable ,united ,states patent system2 7,b7 the constitutional purpose of the ,united ,states patent system2 and 7,c7 the goal of the ,united ,states patent system of promoting scientific progress4 7#aj7 ,in the words of ,david ,j4 ,kappos1 who served as the ,under ,secretary of ,commerce for ,intellectual ,property and ,director of the ,united ,states ,patent and ,trademark ,office during the enactment of the ,leahy-,smith ,america ,invents ,act1 the grace period before the enactment of the ,leahy-,smith ,america ,invents ,act was the gold standard of best practices4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to correct the drafting problem in the ,leahy-,smith ,america ,invents ,act relating to the grace period2 and 7#b7 to maintain the position of leadership of the ,united ,states in educational1 technological1 and scientific progress4 #c4 ,disclosures following a public disclosure of a claimed invention by an inventor ,section #ajb7;b7 of title #ce1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,disclosures by any person after public disclosure of a claimed invention by an inventor 7,a7 ,definitions ,in this paragraph-- 7i7 the term covered person1 with respect to a claimed invention1 means-- 7,i7 the inventor2 7,,ii7 a joint inventor2 or 7,,iii7 another who obtained the claimed invention directly or indirectly from the inventor or a joint inventor2 and 7ii7 the term relevant section #aab7;a7 requirements means the requirements for a specification under section #aab7;a7 other than the requirement to set forth the best mode of carrying out the invention4 7,b7 ,public disclosure ,a disclosure by any person shall not be prior art to a claimed invention under subsection 7a7 or section #ajc if-- 7i7 the disclosure is made under subsection 7a77#a7 or effectively filed under subsection 7a77#b7 #a year or less before the effective filing date of the claimed invention2 and 7ii7 before the disclosure described in clause 7i7 is made or filed1 and #a year or less before the effective filing date of the claimed invention1 the claimed invention is publicly disclosed in a printed publication by a covered person in a manner that satisfies the relevant section #aab7;a7 requirements4 7,c7 ,determination that public disclosure would have satisfied specification requirements ,in determining under subparagraph 7,b7 whether a claimed invention was publicly disclosed in a printed publication by a covered person in a manner that satisfied the relevant section #aab7;a7 requirements-- 7i7 only the state of the art known on and before the date of the disclosure may be considered2 and 7ii7 satisfaction of the relevant section #aab7;a7 requirements may be-- 7,i7 established by #a or more public disclosures in printed publications made by a covered person during the period of #a year or less between-- 7aa7 the disclosure by the covered person described in subparagraph 7,b77ii72 and 7bb7 the effective filing date of the claimed invention2 and 7,,ii7 supported by statements under declaration or oath relating to the existence and content of the public disclosure or disclosures in printed publications described in subclause 7,i74 7,d7 ,presumption of validity ,an applicant for a patent shall present to the ,patent and ,trademark ,office1 before the ,patent and ,trademark ,office issues a notice of allowance of the application for the patent1 each disclosure under subparagraph 7,c77ii77,i7 and any statement under subparagraph 7,c77ii77,,ii7 in order for the section #aab7;a7 support provided by each such disclosure or statement under subparagraph 7,c77ii7 to be taken into account under the section #bhb7;a7 presumption of validity of an issued patent4 7,e7 ,certain disclosures not prior art ,a disclosure described in paragraph 7#a77;,a71 7#b77;,a71 or 7#b77;,c7 shall not be prior art to a claimed invention under this paragraph4 7,f7 ,procedures ,the ,patent and ,trademark ,office may establish procedures to carry out this paragraph4 4 #d4 ,effective date ,the amendments made by this ,act shall take effect as if enacted as part of the ,leahy-,smith ,america ,invents ,act 7,public ,law #aab-bi2 #abe ,stat4 #bhd74