Intellectual Property and High Technology Technical Amendments Act of 2001

1/2
Status Passed Back to House
Sponsor Orrin Hatch
Citation 107-S-320
Actions 21
Introduced Feb 13th, 2001
Cosponsors
1
Last Action Oct 3rd, 2002
Policy Area
Introduced Senate Feb 13
Senate Passed Feb 14
Amended House Mar 14
House Passed Mar 14
Senate Passed Nov 15
President
Enacted

Summary

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Intellectual Property and High Technology Technical Amendments Act of 2001 - Amends Federal patent and trademark law, as amended by the Intellectual Property and Communications Omnibus Reform Act of 1999 (IPCORA) and the American Inventor's Protection Act (AIPA), to rename: (1) the Director of the U.S. Patent and Trademark Office (PTO) the Commissioner of such Office; (2) the Commissioner for Patents the Assistant Commissioner for Patents; and (3) the Commissioner for Trademarks the Assistant Commissioner for Trademarks. Amends other specified law to reflect these changes.(Sec. 2) Amends IPCORA to specify the PTO Commissioner as the officer authorized to revise trademark services fees for inflation.Provides for the appointment by the President of a PTO Special Counsel for Intellectual Property Policy and a PTO Deputy Commissioner for Legislative and International Affairs. Requires the President in lieu of the Secretary of Commerce to appoint the Deputy Under Secretary of Commerce for Intellectual Property and the PTO Deputy Commissioner. Prescribes the range of levels for the Deputy Commissioner's salary.(Sec. 3) Specifies third-party requesters as the persons who may invoke inter partes reexamination of a patent in light of new evidence (prior art) affecting its patentability. Makes this specification retroactive to the enactment of IPCORA.(Sec. 4) Amends the Patent and Trademark Efficiency Act to make the PTO Deputy Commissioner a member of both the Trademark Trial and Appeal Board and the Board of Patent Appeals and Interferences.Exempts members of the Public Advisory Committee from the current prohibition against PTO employees' having an ownership interest in patents.Repeals the requirement for a PTO officer's attestation signature on a patent grant.(Sec. 5) Amends IPCORA and the Domestic Publication of Foreign Filed Patent Applications Act of 1999 to declare that the right to obtain a reasonable royalty based on an international application designating the United States commences on the date of the application's publication (currently, on the date the PTO receives a copy of the application) under the pertinent treaty.(Sec. 6) Revises certain requirements with respect to the prior art effect of published international applications. Declares that the PTO will only rely on information published in English in patent applications as it makes the essential determination of novelty during the examination of a patent application. Makes November 29, 2000, the effective date of specified AIPA amendments establishing the early publication of patent applications, including amendments made by this Act.(Sec. 8) Amends the Trademark Act of 1946, as amended by IPCORA and the Anti-Cybersquatting Consumer Protection Act, with respect to certain damages for willful dilutions of famous marks.Provides for service on the Commissioner of any notices or process in proceedings affecting a mark registered by an applicant, or an assignee of the mark, not domiciled in the United States if the registrant or assignee does not designate by a document filed in the PTO the name and address of a person resident in the United States on whom such notices or process may be served.Allows a foreign applicant for a trademark duly registered in the applicant's country of origin, when registering the mark on the principal or supplemental U.S. register, to submit a true copy or a photocopy of the foreign registration as an alternative to a certification or a certified copy.(Sec. 9) Makes a clerical amendment to the Patent and Trademark Fee Fairness Act of 1999 and technical amendments to copyright law.

Actions

21
Senate House
INTRODUCED
INTRODUCED
Feb 13, 2001
INTRODUCED
INTRODUCED
ON FLOOR
LAID BEFORE CHAMBER BY UNANIMOUS CONSENT
Feb 14, 2001
ON FLOOR
VOTE
PASSAGE
PASSED SENATE
MESSAGE SENATE SENT TO HOUSE
Feb 26, 2001
RECEIVED IN CHAMBER
RECEIVED IN CHAMBER
ON FLOOR
REFERRED TO COMMITTEE
COMMITTEE
COMMITTEE CONSIDERATION AND MARKUP
Mar 8, 2001
COMMITTEE
COMMITTEE ORDERED TO REPORT
COMMITTEE
COMMITTEE REPORT FILED AMENDED
Mar 12, 2001
PLACED ON CALENDAR
PLACED ON CALENDAR
ON FLOOR
MOTION
SUSPEND RULES BILL
Mar 14, 2001
ON FLOOR
CONSIDERATION UNDER SUSPENSION OF RULES
ON FLOOR
DEBATE
ON FLOOR
VOTE
PASSAGE
PASS BACK TO SENATE
VOTE
TABLE RECONSIDERATION
PASS BACK TO SENATE
MESSAGE HOUSE RECEIVED IN SENATE
Mar 15, 2001
ON FLOOR
LAID BEFORE CHAMBER BY UNANIMOUS CONSENT
Nov 15, 2001
ON FLOOR
VOTE
PASSAGE
PASS BACK TO HOUSE
MESSAGE SENATE SENT TO HOUSE
Nov 16, 2001
PASS BACK TO HOUSE
FUTHER ACTIONS REFERENCE
Oct 3, 2002
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Cost Estimates

2

Amendments

1
Amendment flow 1 merged from 1 voted amendments 1 terminal · 0 pending · 0 grouped below
1 passed 0 failed 0 ended
SAMDT 2162 Merged
Nov 15, 2001 Full page
To provide a complete substitute.
Sponsor Orrin Hatch Republican
Voted amendment Accepted into the bill text passed · amendment passage