,,ii #aagth ,,congress #ast ,session ,s4 #bggd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ba1 #bjba,mr4 ,leahy 7for himself and ,mr4 ,tillis7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ce1 ,united ,states ,code1 to address patent ownership1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,pride in ,patent ,ownership ,act4 #b4 ,patents 7a7 ,amendments to title #ce 7#a7 ,in general ,title #ce1 ,united ,states ,code1 is amended-- 7,a7 in chapter #aa1 by adding at the end the following3 #abd4 ,government funding of patent applications and maintenance fees 7a7 ,government funding of patent applications ,for any application for patent1 if any governmental entity1 including a foreign governmental entity1 provides funding specifically for the purpose of paying fees to the ,office under section #da1 or specifically for the purpose of paying an attorney or patent agent for prosecution of the application1 the application shall include1 or be amended to include1 a statement describing the amount and source of the funding provided by the entity4 7b7 ,government funding of maintenance fees ,for any patent1 if any governmental entity1 including a foreign governmental entity1 provides funding specifically for the purpose of paying maintenance fees to the ,office under section #da1 or specifically for the purpose of paying an attorney or patent agent for submitting those maintenance fees1 the patentee shall file a separate statement describing the amount and source of the funding provided by the entity4 2 and 7,b7 in section #bfa-- 7i7 by striking the first undesignated paragraph and inserting the following3 7a7 ,in general 7#a7 ,attributes of personal property ,subject to the provisions of this title1 patents shall have the attributes of personal property4 7#b7 ,register of interests 7,a7 ,in general ,the ,patent and ,trademark ,office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request1 and may require a fee therefor4 7,b7 ,public availability ,the ,office shall make the information described in subparagraph 7,a7 publicly accessible1 to the extent permitted by law4 7#c7 ,requirement to record certain assignments and other interests 7,a7 ,in general ,whenever a patent issues1 or certain rights or interests in a patent 7as defined by the ,director7 are assigned1 granted1 or conveyed to any person1 including a governmental or legal entity1 including a parent corporation-- 7i7 the patentee shall1 not later than #ij days after the effective date of the issuance1 assignment1 grant1 or conveyance1 as applicable1 submit1 or cause to be submitted1 a request described in paragraph 7#b71 unless such a request was submitted before the issuance of the patent2 and 7ii7 the ,office shall1 not later than #fj days after the date on which the ,office receives a request submitted under clause 7i7-- 7,i7 notify the patentee regarding any error in the request2 or 7,,ii7 record the interest in the register described in paragraph 7#b74 7,b7 ,effect of failure to comply ,if a patentee fails to comply with subparagraph 7,a77i71 no party may recover1 for infringement of the applicable patent in any action1 increased monetary damages under section #bhd during the period beginning on the date that is #ia days after the effective date of the issuance1 assignment1 grant1 or conveyance with respect to the patent1 as applicable1 and ending on the date on which that issuance1 assignment1 grant1 or conveyance is properly requested to be recorded under paragraph 7#b74 2 7ii7 in the first undesignated paragraph following subsection 7a71 as so designated by clause 7i7 of this subparagraph1 by striking ,applications and inserting the following3 7b7 ,applications and patents assignable ,applications 2 7iii7 in the first undesignated paragraph following subsection 7b71 as so designated by clause 7ii7 of this subparagraph1 by striking ,a certificate and inserting the following3 7c7 ,certificate of acknowledgment ,a certificate 2 and 7iv7 in the undesignated paragraph following subsection 7c71 as so designated by clause 7iii7 of this subparagraph1 by striking ,an interest and inserting the following3 7d7 ,effect of assignment ,an interest 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #aa of title #ce1 ,united ,states ,code1 is amended by adding at the end the following3 #abd4 ,government funding of patent applications and maintenance fees4 4 7#c7 ,effective dates2 applicability 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amendments made by this subsection shall take effect on the date that is #a year after the date of enactment of this ,act4 7,b7 ,amendments regarding ownership and assignment 7i7 ,in general ,except as provided in clause 7ii71 the amendments made by paragraph 7#a77;,b7 shall take effect on the date of enactment of this ,act4 7ii7 ,requirement to record assignments and certain other interests ,paragraph 7#c7 of subsection 7a7 of section #bfa of title #ce1 ,united ,states ,code1 as so designated by paragraph 7#a77;,b77i7 of this subsection1 shall-- 7,i7 take effect on the effective date described in subparagraph 7,a72 and 7,,ii7 apply with respect to any patent issuance1 assignment1 grant1 or conveyance that occurs on or after the effective date described in subclause 7,i74 7b7 ,rules ,not later than #a year after the date of enactment of this ,act1 the ,under ,secretary of ,commerce for ,intellectual ,property and ,director of the ,united ,states ,patent and ,trademark ,office 7referred to in this section as the ,director7 shall issue rules that accomplish the following3 7#a7 7,a7 ,define the term certain rights or interests in a patent for the purposes of subsection 7a77#c7 of section #bfa of title #ce1 ,united ,states ,code1 as so designated by subsection 7a77#a7 of this section4 7,b7 ,for the purposes of subparagraph 7,a71 the ,director may review rules defining the term beneficial owner issued by other ,federal entities and agencies1 including the ,committee on ,foreign ,investment in the ,united ,states1 the ,department of the ,treasury1 and the ,securities and ,exchange ,commission4 7#b7 ,establish procedures for the proper recording of interests in patents that-- 7,a7 provide for-- 7i7 notice of any error in a request submitted under subsection 7a77#b7 of section #bfa of title #ce1 ,united ,states ,code1 as so designated by subsection 7a77#a7 of this section2 and 7ii7 an opportunity to correct an error described in clause 7i7 not later than #fj days after the date on which the ,director notifies the submitting party regarding the error2 and 7,b7 describe-- 7i7 which types of errors described in subparagraph 7,a77i7 are eligible for correction without having to change the date of submission of the original request2 and 7ii7 which types of errors described in subparagraph 7,a77i7 must result in a new request with a new submission date4 7#c7 ,implement section #abd of title #ce1 ,united ,states ,code1 as added by subsection 7a77#a7 of this section1 including by imposing a penalty for a failure to disclose funding provided by a governmental entity1 as required under such section #abd4 7#d7 ,otherwise implement the amendments made by subsection 7a77#a74 7c7 ,register ,not later than #b years after the date of enactment of this ,act1 the ,director shall1 with respect to the register described in subsection 7a77#b7 of section #bfa of title #ce1 ,united ,states ,code1 as so designated by subsection 7a77#a7 of this section1 create a publicly accessible database that is digitally searchable with fields based on patent number1 assignee1 assignor1 assignment date1 and other criteria determined by the ,director4