Floor Situation

On Sunday, December 30, 2012, the House is scheduled to consider the Senate Amendment to H.R. 6621, abill to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code. The House passed H.R. 6621 on December 18, 2012 by a recorded vote of 308 - 89 (Roll no. 631). The Senate passed the bill with an amendment by unanimous consent on December 28, 2012.

Bill Summary

The Senate amendment strikes section (m) -- the report on pre-GATT patents – of the House passed H.R. 6621.

As amended, H.R. 6621 would make technical corrections to the Leahy-Smith American Invents Act.  The bill would do the following:

1. Correct several word processing errors in various sections of the Leahy-Smith America Invents Act;
2. Fill in several “dead zones” dealing with Post-Grant Review at the Patent and Trademark Office (PTO), which inadvertently made it impossible for current applications to use existing Post Grant or Inter Partes Review until the new versions of the program are put in place;
3. Provide clarifications for the required oath provision, patent term adjustments, management provisions, and derivation proceedings;
4. Clarify that the terms of Public Advisory Committee members runs for three years from a fixed date (rather than from the date that they are appointed);
5. Make corrections dealing with reissue patent dead zones in post grant review.

Background

The House passed H.R. 1249, the America Invents Act, on June 23, 2011, by a vote of 304-117.  For more information, see this legislative digest.

Cost

There is no cost estimate.