Smith (R-TX) Managers Amendment No. 1: Modifies the fee provisions of the bill to allow fees collected by the U.S. Patent and Trademark Office to be retained in a reserve fund, but not available to be expended until appropriated. Also expands and clarifies the prior-use defense under current law. Provides micro-entity status for independent inventors, consolidates numerous Patent and Trademark Office reporting requirements, creates transition provisions for inter partes proceedings, and makes other improvements to the bill.
Conyers (D-MI) Amendment No. 2: Inserts language to move the United States to a first-to-file system only upon a Presidential finding that other major patent authorities have adopted a similar one-year grace period.
Baldwin (D-WI) Amendment No. 3: Deletes language which expands the range of individuals who are able to claim the "first inventor defense" in patent disputes. Maintains existing limitation on the first inventor defense.
Moore (D-WI) Amendment No. 4: Requires the PTO Director to establish methods for studying the diversity of patent applicants, including those applicants who are minorities, women, or veterans.
Jackson Lee (D-TX) Amendment No. 5: Includes a Sense of Congress that, “the patent system should promote industries to continue to develop new technologies that spur growth and create jobs across the country which includes protecting the rights of small businesses and inventors from predatory behavior that could result in the cutting off of innovation.”
Lujan (D-NM) Amendment No. 6: Adds requirements to the satellite office location selection process.
Peters (D-MI) Amendment No. 7: Requires a USPTO-led study to Congress on what USPTO, Small Business Administration, and other agencies can do to help small businesses obtain, maintain, and enforce foreign patents.
Polis (D-CO) Amendment No. 8: Clarifies that the new legislation would apply only to new tax planning patents, not already filed patents.
Conyers (D-MI) Amendment No. 9: Restores language for the calculation of a 60-day grace period for application of patent term extensions that the managers amendment strikes.
Speier (D-CA) Amendment No. 10: Directs the PTO to prescribe a requirement that “parties provide sufficient evidence to prove and rebut a claim of derivation.”
Watt (D-NC) [for Waters (D-CA)] Amendment No. 11: Adds a severability clause protecting the remainder of the bill if the Supreme Court determines that certain sections or provisions are unconstitutional.
Sensenbrenner (R-WI) Amendment No. 12: Strikes Section 3 of the legislation which would convert the U.S patent system from “first-to-invent” to “first-to-file.”
Manzullo (R-IL) Amendment No. 13: Eliminates the ability of the PTO Director to set fees, retaining that authority for Congress. The amendment would also set forth an electronic filing incentive.
Rohrabacher (R-CA) Amendment No. 14: Prohibit a patent granted to a U.S. citizen, an individual lawfully admitted for permanent residence in the U.S., or a U.S. company with less than 100 employees from being subjected to any form of post-grant review or reexamination.
Schock (R-IL) Amendment No. 15: Eliminates provisions in the bill which create a transitional program for certain business method patents.
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