H.R. 6621 Senate Amendments: To correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code

H.R. 6621

To correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code

Sponsor
Sen. Bernard Sanders

Date
December 30, 2012 (112th Congress, 2nd Session)

Staff Contact
Sarah Makin

Floor Situation

On Sunday, December 30, 2012, the House is scheduled to consider Senate Amendments to H.R. 6621, a bill to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code, under a suspension of the rules requiring a two-thirds majority vote for passage.  H.R. 6621 was introduced by Rep. Lamar Smith (R-TX) on November 30, 2012, and was referred to the Committee on the Judiciary, which took no official action on the bill.

Bill Summary

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

  • Provide clarifications for the required oath provision, patent term adjustments, management provisions, and derivation proceedings;
  • 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);
  • Make corrections dealing with reissue patent dead zones in post grant review.
  • Modifies the appeals process, clarifying that parties have a right to seek the advice of legal counsel.
  • Modifies the deadline regarding petitioning to initiate a derivation proceeding to be the earlier of either one year after a disputed patent is granted or one year after the application of the patent in question was published
  • The bill specifies that decisions regarding whether to begin a derivation proceeding may not be appealed.
  • The measure also provides for the repayment of travel expenses incurred by administrative judges resulting from patent related proceedings, and it clarifies the appointment schedule for the chairman, vice chairman and members of the Patent and Trademark Advisory Committees.

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

A CBO score of H.R. 6621 was not available as of press time.