S. Amdt. 599 - To Amend the Provision Relating to Funding the Patent and Trademark Office by Establishing a United States Patent and Trademark Office Public Enterprise Fund, and for Other Purposes.

112th Congress (2011-2012) View amendment details
Sponsor:
This is an amendment to H.R. 1249 - Leahy-Smith America Invents Act
Senate Vote: On the Motion to Table S.Amdt. 599 to H.R. 1249 (Leahy-Smith America Invents Act)

PASSED on September 8, 2011.

1/2 required to pass

voted YES: 50 voted NO: 48
2 voted present/not voting

Leahy-Smith America Invents Act

H.R. 1249 — 112th Congress (2011–2012)

Summary
To amend title 35, United States Code, to provide for patent reform. (by CRS)
Learn More
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Title
To amend title 35, United States Code, to provide for patent reform.
Other Titles
  • America Invents Act
  • America Invents Act
  • Leahy-Smith America Invents Act
  • Leahy-Smith America Invents Act
  • Leahy-Smith America Invents Act
Sponsor
Lamar Smith
Co-Sponsors
Subjects
  • Commerce
  • Administrative law and regulatory procedures
  • Administrative remedies
  • Advanced technology and technological innovations
  • Civil actions and liability
  • Competitiveness, trade promotion, trade deficits
  • Congressional oversight
  • Congressional tributes
  • Department of Commerce
  • Evidence and witnesses
  • Executive agency funding and structure
  • Federal district courts
  • Government buildings, facilities, and property
  • Government employee pay, benefits, personnel management
  • Government investigations
  • Government trust funds
  • Intellectual property
  • Judges
  • Judicial review and appeals
  • Jurisdiction and venue
  • Legal fees and court costs
  • Michigan
  • Small business
  • State and local courts
  • Tax administration and collection, taxpayers
  • User charges and fees
  • Virginia
Related Bills
Major Actions
Introduced3/30/2011
Referred to Committee
Amendments (22 proposed)
Passed House6/23/2011
Passed Senate9/08/2011
Signed by President9/16/2011
Bill History
Chamber/CommitteeMotionDateResult
select this voteHouseAmendment 1 to H.R. 12496/23/2011This amendment PASSED the House
283 voted YES 140 voted NO 9 voted present/not voting
select this voteHouseAmendment 2 to H.R. 12496/23/2011This amendment DID NOT PASS the House
105 voted YES 316 voted NO 11 voted present/not voting
select this voteHouseAmendment 3 to H.R. 12496/23/2011This amendment DID NOT PASS the House
81 voted YES 342 voted NO 9 voted present/not voting
select this voteHouseAmendment 9 to H.R. 12496/23/2011This amendment PASSED the House
223 voted YES 198 voted NO 11 voted present/not voting
select this voteHouseAmendment 12 to H.R. 12496/23/2011This amendment DID NOT PASS the House
129 voted YES 295 voted NO 8 voted present/not voting
select this voteHouseAmendment 13 to H.R. 12496/23/2011This amendment DID NOT PASS the House
92 voted YES 329 voted NO 11 voted present/not voting
select this voteHouseAmendment 14 to H.R. 12496/23/2011This amendment DID NOT PASS the House
81 voted YES 342 voted NO 9 voted present/not voting
select this voteHouseAmendment 15 to H.R. 12496/23/2011This amendment DID NOT PASS the House
158 voted YES 262 voted NO 12 voted present/not voting
select this voteHouseOn Motion to Recommit with Instructions: H.R. 1249 To amend title 35, United States Code, to provide for patent reform6/23/2011This motion DID NOT PASS the House
172 voted YES 251 voted NO 9 voted present/not voting
select this voteHouseOn Passage - House - H.R. 1249 To amend title 35, United States Code, to provide for patent reform6/23/2011This bill PASSED the House
304 voted YES 117 voted NO 11 voted present/not voting
select this voteHouseOn agreeing to the Moore amendment (A004) Agreed to by voice vote.6/23/2011PASSED by voice vote
select this voteHouseOn agreeing to the Jackson Lee (TX) amendment (A005) Agreed to by voice vote.6/23/2011PASSED by voice vote
select this voteHouseOn agreeing to the Lujan amendment (A006) Agreed to by voice vote.6/23/2011PASSED by voice vote
select this voteHouseOn agreeing to the Peters amendment (A007) Agreed to by voice vote.6/23/2011PASSED by voice vote
select this voteHouseOn agreeing to the Polis amendment (A008) Failed by voice vote.6/23/2011DID NOT PASS by voice vote
select this voteHouseOn agreeing to the Speier amendment (A010) Agreed to by voice vote.6/23/2011PASSED by voice vote
select this voteSenateOn the Cloture Motion H.R. 12499/06/2011This motion PASSED the Senate
93 voted YES 5 voted NO 2 voted present/not voting
select this voteSenateOn the Amendment S.Amdt. 600 to H.R. 1249 (Leahy-Smith America Invents Act)9/08/2011This amendment DID NOT PASS the Senate
47 voted YES 51 voted NO 2 voted present/not voting
select this voteSenateOn the Amendment S.Amdt. 595 to H.R. 1249 (Leahy-Smith America Invents Act)9/08/2011This amendment DID NOT PASS the Senate
13 voted YES 85 voted NO 2 voted present/not voting
currently selectedSenateOn the Motion to Table S.Amdt. 599 to H.R. 1249 (Leahy-Smith America Invents Act)9/08/2011This amendment PASSED the Senate
50 voted YES 48 voted NO 2 voted present/not voting
select this voteSenateOn Passage of the Bill H.R. 12499/08/2011This bill PASSED the Senate
89 voted YES 9 voted NO 2 voted present/not voting
ActionDateDescription
Introduced3/30/2011
3/30/2011Subcommittee Hearings Held.
3/30/2011Referred to the Subcommittee on Intellectual Property, Competition and the Internet.
3/30/2011Referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
3/30/2011Referred to House Judiciary
3/30/2011Referred to House Budget
4/11/2011Subcommittee on Intellectual Property, Competition and the Internet Discharged.
4/14/2011Committee Consideration and Mark-up Session Held.
Put on a legislative calendar4/14/2011Ordered to be Reported (Amended) by the Yeas and Nays: 32 - 3.
6/01/2011Reported (Amended) by the Committee on Judiciary. H. Rept. 112-98, Part I.
6/01/2011Committee on The Budget discharged.
Put on a legislative calendar6/01/2011Placed on the Union Calendar, Calendar No. 54.
6/21/2011Rules Committee Resolution H. Res. 316 Reported to House. Rule provides for consideration of H.R. 2021 and H.R. 1249. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution provides for one hour of general debate for H.R. 2021 and 80 minutes of general debate for H.R. 1249. The resolution also provides that for H.R. 1249, the amendment in the nature of a substitute recommended by the Committee on the Judiciary shall be considered as an original bill for the purpose of amendment under the five-minute rule.
6/22/2011Rule H. Res. 316 passed House.
6/22/2011Considered under the provisions of rule H. Res. 316.
6/22/2011Rule provides for consideration of H.R. 2021 and H.R. 1249. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measures will be considered read. Specified amendments are in order. The resolution provides for one hour of general debate for H.R. 2021 and 80 minutes of general debate for H.R. 1249. The resolution also provides that for H.R. 1249, the amendment in the nature of a substitute recommended by the Committee on the Judiciary shall be considered as an original bill for the purpose of amendment under the five-minute rule.
6/22/2011House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 316 and Rule XVIII.
6/22/2011The Speaker designated the Honorable Tom Graves to act as Chairman of the Committee.
6/22/2011DEBATE - The Committee of the Whole proceeded with twenty minutes of debate on the question of constitutionality of the measure.
6/22/2011GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1249.
6/22/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Smith (TX) amendment.
6/22/2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Smith (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Smith (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
6/22/2011Mr. Smith (TX) moved to rise.
6/22/2011On motion to rise Agreed to by voice vote.
6/22/2011Committee of the Whole House on the state of the Union rises leaving H.R. 1249 as unfinished business.
6/23/2011Considered as unfinished business.
6/23/2011The House resolved into Committee of the Whole House on the state of the Union for further consideration.
6/23/2011UNFINISHED BUSINESS - The Chair announced the unfinished business was on the question of adoption of an amendment which had been debated earlier and on which further proceedings were postponed.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment no. 2.
6/23/2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Conyers amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Conyers demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Baldwin amendment no. 3.
6/23/2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Baldwin amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Ms. Baldwin demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Moore amendment no. 4.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment no. 5.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Lujan amendment no. 6.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Peters amendment no. 7.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Polis (CO) amendment no. 8.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment no. 9.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Speier amendment no. 10.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Watt amendment no. 11.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Sensenbrenner amendment no. 12.
6/23/2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Sensenbrenner amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Manzullo amendment no. 13.
6/23/2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Manzullo amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Manzullo demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Rohrabacher amendment no. 14.
6/23/2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Rohrabacher amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Rohrabacher demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
6/23/2011DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Schock amendment no. 15.
6/23/2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Schock amendment, the Chair put t he question on adoption of the amendment and by voice vote, announced the ayes had prevailed. Mr. Smith (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
6/23/2011UNFINISHED BUSINESS - The Chair announced that the unfinished business was on the adoption of amendments which had been debated earlier and on which further proceedings were postponed.
6/23/2011The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1249.
6/23/2011The previous question was ordered pursuant to the rule.
6/23/2011The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR 6/22/2011 H4433-4438)
6/23/2011Mr. Miller (NC) moved to recommit with instructions to Judiciary.
6/23/2011DEBATE - The House proceeded with ten minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to report the same to the House with an amendment to require the U.S. Patent Office to prioritize patent applications filed by entities that pledge to develop or manufacture their products, processes, and technologies in the U.S., including, specifically, those filed by small businesses and individuals.
6/23/2011The previous question on the motion to recommit with instructions was ordered without objection.
6/23/2011Motion to reconsider laid on the table Agreed to without objection.
6/23/2011The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1249.
6/23/2011Mr. Jackson (IL) raised a point of order. Subsequent to the completion of a roll call vote on the Conyers amendment No. 9, the final disposition was called into question and by unanimous consent, the proceedings were vacated and the Conyers amendment No. 9 was redesignated and the question of adoption was put again by the Chair de novo for a re-vote by the Committee of the Whole.
6/23/2011Amendment (A001) offered by Mr. Smith (TX).
select this voteVote6/23/2011Amendment 1 to H.R. 1249
select this voteVote6/23/2011Amendment 2 to H.R. 1249
select this voteVote6/23/2011Amendment 3 to H.R. 1249
select this voteVote6/23/2011Amendment 9 to H.R. 1249
select this voteVote6/23/2011Amendment 12 to H.R. 1249
select this voteVote6/23/2011Amendment 13 to H.R. 1249
select this voteVote6/23/2011Amendment 14 to H.R. 1249
select this voteVote6/23/2011Amendment 15 to H.R. 1249
select this voteVote6/23/2011On Motion to Recommit with Instructions: H.R. 1249 To amend title 35, United States Code, to provide for patent reform
select this voteHouse Vote on Passage6/23/2011On Passage - House - H.R. 1249 To amend title 35, United States Code, to provide for patent reform
6/23/2011Amendment (A002) offered by Mr. Conyers.
6/23/2011Amendment (A003) offered by Ms. Baldwin.
6/23/2011Amendment (A004) offered by Ms. Moore.
select this voteVote6/23/2011On agreeing to the Moore amendment (A004) Agreed to by voice vote.
6/23/2011Amendment (A005) offered by Ms. Jackson Lee (TX).
select this voteVote6/23/2011On agreeing to the Jackson Lee (TX) amendment (A005) Agreed to by voice vote.
6/23/2011Amendment (A006) offered by Mr. Lujan.
select this voteVote6/23/2011On agreeing to the Lujan amendment (A006) Agreed to by voice vote.
6/23/2011Amendment (A007) offered by Mr. Peters.
select this voteVote6/23/2011On agreeing to the Peters amendment (A007) Agreed to by voice vote.
6/23/2011Amendment (A008) offered by Mr. Polis.
select this voteVote6/23/2011On agreeing to the Polis amendment (A008) Failed by voice vote.
6/23/2011Amendment (A009) offered by Mr. Conyers.
6/23/2011Amendment (A010) offered by Ms. Speier.
select this voteVote6/23/2011On agreeing to the Speier amendment (A010) Agreed to by voice vote.
6/23/2011Amendment (A011) offered by Mr. Watt.
6/23/2011By unanimous consent, the Watt amendment was withdrawn.
6/23/2011Amendment (A012) offered by Mr. Sensenbrenner.
6/23/2011Amendment (A013) offered by Mr. Manzullo.
6/23/2011Amendment (A014) offered by Mr. Rohrabacher.
6/23/2011Amendment (A015) offered by Mr. Schock.
6/23/2011Amendment (A009) offered by Mr. Conyers.
6/27/2011Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Put on a legislative calendar6/28/2011Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 87.
8/02/2011Motion to proceed to consideration of measure made in Senate.
8/02/2011Cloture motion on the motion to proceed to the measure presented in Senate.
select this voteVote9/06/2011On the Cloture Motion H.R. 1249
9/07/2011Motion to proceed to measure considered in Senate.
9/07/2011Motion to proceed to consideration of measure agreed to in Senate.
9/07/2011Measure laid before Senate by motion.
9/08/2011Considered by Senate.
9/08/2011Message on Senate action sent to the House.
9/08/2011Amendment SA 595 proposed by Senator Cantwell.
9/08/2011Amendment SA 599 proposed by Senator Coburn.
9/08/2011Amendment SA 600 proposed by Senator Sessions.
select this voteVote9/08/2011On the Amendment S.Amdt. 600 to H.R. 1249 (Leahy-Smith America Invents Act)
select this voteVote9/08/2011On the Amendment S.Amdt. 595 to H.R. 1249 (Leahy-Smith America Invents Act)
currently selectedVote9/08/2011On the Motion to Table S.Amdt. 599 to H.R. 1249 (Leahy-Smith America Invents Act)
select this voteSenate Vote on Passage9/08/2011On Passage of the Bill H.R. 1249
Presented to President9/12/2011Presented to President.
Signed9/16/2011Signed by President.
Enacted9/16/2011Became Public Law No: 112-29.
NumberSponsorDate OfferedStatus
select this voteH. Amdt. 491Smith, Lamar [R-TX21]June 22, 2011Passed by roll call vote on June 23, 2011.

Manager's amendment makes numerous technical and clarifying changes to the bill.

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select this voteH. Amdt. 492Conyers, John [D-MI13]June 23, 2011Failed by roll call vote on June 23, 2011.

Amendment sought to permit the conversion of the United States to a first-to-file system only upon a Presidential finding that other nations have adopted a similar one-year grace period.

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select this voteH. Amdt. 493Baldwin, Tammy [D-WI]June 23, 2011Failed by roll call vote on June 23, 2011.

Amendment sought to strike section 5 in the America Invents Act which expanded the prior-user rights defense to apply to all patents with minimal exceptions.

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select this voteH. Amdt. 494Moore, Gwen [D-WI4]June 23, 2011Passed by voice vote on June 23, 2011.

Amendment allows the United States Patent Trade Office to develop methods for ways to track the diversity of patent applicants.

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select this voteH. Amdt. 495Jackson Lee, Sheila [D-TX18]June 23, 2011Passed by voice vote on June 23, 2011.

Amendment expresses the 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".

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select this voteH. Amdt. 496Luján, Ben [D-NM3]June 23, 2011Passed by voice vote on June 23, 2011.

Amendment lists criteria that the Patent Trade Office Director must take into account when selecting satellite offices in the United States.

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select this voteH. Amdt. 497Peters, Gary [D-MI14]June 23, 2011Passed by voice vote on June 23, 2011.

Amendment mandates a United States Patent Trade Office led study with the Small Business Administration on how to better utilize existing government resources for education and technical assistance to help small businesses with international patent protection.

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select this voteH. Amdt. 498Polis, Jared [D-CO2]June 23, 2011Failed by voice vote on June 23, 2011.

Amendment sought to allow any tax strategy patent that was filed as of the date of enactment of the bill to move toward issuance by the Patent Trade Office.

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select this voteH. Amdt. 499Conyers, John [D-MI13]June 23, 2011Passed by roll call vote on June 23, 2011.

Amendment clarifies the deadline for filing patent term extension applications covering drug products that must be approved by the FDA.

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select this voteH. Amdt. 500Speier, Jackie [D-CA14]June 23, 2011Passed by voice vote on June 23, 2011.

Amendment requires the United States Patent Trade Office to provide rules for the exchange of relevant information during the derivation proceedings.

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H. Amdt. 501Watt, Melvin [D-NC12]June 23, 2011Withdrawn on June 23, 2011.

An amendment numbered 11 printed in Part B of House Report 112-111 to add a severability clause protecting the remainder of the bill if the Supreme Court determines that certain sections or provisions are unconstitutional.

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select this voteH. Amdt. 502Sensenbrenner, F. [R-WI5]June 23, 2011Failed by roll call vote on June 23, 2011.

Amendment sought to strike section 3 of the bill which created a first-to-file patent system.

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select this voteH. Amdt. 503Manzullo, Donald [R-IL16]June 23, 2011Failed by roll call vote on June 23, 2011.

Amendment sought to strike the provision giving the United States Patent Trade Office the authority to set patent and trademark fees.

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select this voteH. Amdt. 504Rohrabacher, Dana [R-CA48]June 23, 2011Failed by roll call vote on June 23, 2011.

Amendment sought to exempt small businesses from the post-grant reviews and reexaminations.

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select this voteH. Amdt. 505Schock, Aaron [R-IL18]June 23, 2011Failed by roll call vote on June 23, 2011.

Amendment sought to strike section 18 which established a pilot program that allowed the United States Patent Trade Office to review certain low-quality business method patents.

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S. Amdt. 594Johnson, Ron [R-WI]September 7, 2011Offered on September 6, 2011.

Amendment information not available.

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select this voteS. Amdt. 595Cantwell, Maria [D-WA]September 7, 2011Failed by roll call vote on September 7, 2011.

To establish a transitional program for covered business method patents.

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S. Amdt. 596Cantwell, Maria [D-WA]September 7, 2011Offered on September 6, 2011.

Amendment information not available.

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S. Amdt. 597Cantwell, Maria [D-WA]September 7, 2011Offered on September 6, 2011.

Amendment information not available.

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S. Amdt. 598Paul, Rand [R-KY]September 7, 2011Offered on September 6, 2011.

Amendment information not available.

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currently selectedS. Amdt. 599Coburn, Thomas [R-OK]September 7, 2011Offered on September 6, 2011.

To amend the provision relating to funding the Patent and Trademark Office by establishing a United States Patent and Trademark Office Public Enterprise Fund, and for other purposes.

Actions

September 7, 2011, 8:00 pm ET - Amendment SA 599 proposed by Senator Coburn.
September 8, 2011, 12:51 pm ET - On the Motion to Table S.Amdt. 599 to H.R. 1249 (Leahy-Smith America Invents Act)

Full Text of this Amendment

SA 599. Mr. COBURN (for himself, Mr. DeMint, Mrs. Feinstein, Mrs. Boxer, Mr. Udall of Colorado, Mr. Enzi, and Mr. Burr) submitted an amendment intended to be proposed by him to the bill H.R. 1249, to amend title 35, United States Code, to provide for patent reform; which was ordered to lie on the table; as follows:


On page 137, line 1, strike all through page 138, line 9, and insert the following:
SEC. 22. PATENT AND TRADEMARK OFFICE FUNDING.
(a) Definitions.--In this section, the following definitions shall apply:
(1) DIRECTOR.--The term "Director" means the Director of the United States Patent and Trademark Office.
(2) FUND.--The term "Fund" means the public enterprise revolving fund established under subsection (c).
(3) OFFICE.--The term "Office" means the United States Patent and Trademark Office.
(4) TRADEMARK ACT OF 1946.--The term "Trademark Act of 1946" means an Act entitled "Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes", approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the "Trademark Act of 1946" or the "Lanham Act").
(5) UNDER SECRETARY.--The term "Under Secretary" means the Under Secretary of Commerce for Intellectual Property.
(b) Funding.--
(1) IN GENERAL.--Section 42 of title 35, United States Code, is amended--
(A) in subsection (b), by striking "Patent and Trademark Office Appropriation Account" and inserting "United States Patent and Trademark Office Public Enterprise Fund"; and
(B) in subsection (c), in the first sentence--
(i) by striking "To the extent" and all that follows through "fees" and inserting "Fees"; and
(ii) by striking "shall be collected by and shall be available to the Director" and inserting "shall be collected by the Director and shall be available until expended".
(2) EFFECTIVE DATE.--The amendments made by paragraph (1) shall take effect on the later of--
(A) October 1, 2011; or
(B) the first day of the first fiscal year that begins after the date of the enactment of this Act.
(c) USPTO Revolving Fund.--
(1) ESTABLISHMENT.--There is established in the Treasury of the United States a revolving fund to be known as the "United States Patent and Trademark Office Public Enterprise Fund". Any amounts in the Fund shall be available for use by the Director without fiscal year limitation.
(2) DERIVATION OF RESOURCES.--There shall be deposited into the Fund on or after the effective date of subsection (b)(1)--
(A) any fees collected under sections 41, 42, and 376 of title 35, United States Code, provided that notwithstanding any other provision of law, if such fees are collected by, and payable to, the Director, the Director shall transfer such amounts to the Fund, provided, however, that no funds collected pursuant to section 9(h) of this Act or section 1(a)(2) of Public Law 111-45 shall be deposited in the Fund; and
(B) any fees collected under section 31 of the Trademark Act of 1946 (15 U.S.C. 1113).
(3) EXPENSES.--Amounts deposited into the Fund under paragraph (2) shall be available, without fiscal year limitation, to cover--
(A) all expenses to the extent consistent with the limitation on the use of fees set forth in section 42(c) of title 35, United States Code, including all administrative and operating expenses, determined in the discretion of the Under Secretary to be ordinary and reasonable, incurred by the Under Secretary and the Director for the continued operation of all services, programs, activities, and duties of the Office relating to patents and trademarks, as such services, programs, activities, and
duties are described under--
(i) title 35, United States Code; and
(ii) the Trademark Act of 1946; and
(B) all expenses incurred pursuant to any obligation, representation, or other commitment of the Office.
(d) Annual Report.--Not later than 60 days after the end of each fiscal year, the Under Secretary and the Director shall submit a report to Congress which shall--
(1) summarize the operations of the Office for the preceding fiscal year, including financial details and staff levels broken down by each major activity of the Office;
(2) detail the operating plan of the Office, including specific expense and staff needs for the upcoming fiscal year;
(3) describe the long term modernization plans of the Office;
(4) set forth details of any progress towards such modernization plans made in the previous fiscal year; and
(5) include the results of the most recent audit carried out under subsection (f).
(e) Annual Spending Plan.--
(1) IN GENERAL.--Not later than 30 days after the beginning of each fiscal year, the Director shall notify the Committees on Appropriations of both Houses of Congress of the plan for the obligation and expenditure of the total amount of the funds for that fiscal year in accordance with section 605 of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2334).
(2) CONTENTS.--Each plan under paragraph (1) shall--
(A) summarize the operations of the Office for the current fiscal year, including financial details and staff levels with respect to major activities; and
(B) detail the operating plan of the Office, including specific expense and staff needs, for the current fiscal year.
(f) Audit.--The Under Secretary shall, on an annual basis, provide for an independent audit of the financial statements of the Office. Such audit shall be conducted in accordance with generally acceptable accounting procedures.
(g) Budget.--The Fund shall prepare and submit each year to the President a business-type budget in a manner, and before a date, as the President prescribes by regulation for the budget program.
(h) Surcharge.--Notwithstanding section 11(i)(1)(B), amounts collected pursuant to the surcharge imposed under section 11(i)(1)(A) shall be credited to the United States Patent and Trademark Office Public Enterprise Fund.


(As printed in the Congressional Record for the Senate on Sep 7, 2011.)
select this voteS. Amdt. 600Sessions, Jefferson [R-AL]September 7, 2011Failed by roll call vote on September 7, 2011.

To strike the provision relating to the calculation of the 60-day period for application of patent term extension.

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Leahy-Smith America Invents Act: On the Motion to Table S.Amdt. 599 to H.R. 1249 (Leahy-Smith America Invents Act)

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NamePartyState$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Daniel K. AkakaDHI$0$0Yes
Andrew Lamar AlexanderRTN$0$0No
Kelly AyotteRNH$0$0No
John BarrassoRWY$0$0No
Max BaucusDMT$0$0Yes
Mark BegichDAK$0$0No
Michael BennetDCO$0$0Yes
Jesse "Jeff" BingamanDNM$0$0Yes
Richard BlumenthalDCT$0$0Yes
Roy BluntRMO$0$0No
John BoozmanRAR$0$0No
Barbara BoxerDCA$0$0No
Scott BrownRMA$0$0Yes
Sherrod BrownDOH$0$0Yes
Richard BurrRNC$0$0No
Maria CantwellDWA$0$0No
Ben CardinDMD$0$0Yes
Tom CarperDDE$0$0Yes
Bob CaseyDPA$0$0Yes
Clarence Saxby ChamblissRGA$0$0No
Daniel CoatsRIN$0$0No
Tom CoburnROK$0$0No
William Thad CochranRMS$0$0Yes
Susan CollinsRME$0$0Yes
Gaylord Kent ConradDND$0$0No
Chris CoonsDDE$0$0Yes
Bob CorkerRTN$0$0No
John CornynRTX$0$0No
Mike CrapoRID$0$0No
Jim DeMintRSC$0$0No
Dick DurbinDIL$0$0Yes
Mike EnziRWY$0$0No
Dianne FeinsteinDCA$0$0No
Alan FrankenDMN$0$0Yes
Kirsten GillibrandDNY$0$0Yes
Lindsey GrahamRSC$0$0No
Chuck GrassleyRIA$0$0Yes
Kay HaganDNC$0$0Yes
Tom HarkinDIA$0$0Yes
Orrin HatchRUT$0$0No
Dean HellerRNV$0$0No
John HoevenRND$0$0Yes
Kay Bailey HutchisonRTX$0$0No
Jim InhofeROK$0$0No
Dan InouyeDHI$0$0Yes
Johnny IsaksonRGA$0$0No
Mike JohannsRNE$0$0No
Ron JohnsonRWI$0$0No
Tim JohnsonDSD$0$0Yes
John KerryDMA$0$0Yes
Mark KirkRIL$0$0No
Amy KlobucharDMN$0$0No
Herb KohlDWI$0$0Yes
Jon KylRAZ$0$0Yes
Mary LandrieuDLA$0$0Yes
Frank LautenbergDNJ$0$0Yes
Patrick LeahyDVT$0$0Yes
Mike LeeRUT$0$0No
Carl LevinDMI$0$0Yes
Joe LiebermanICT$0$0Yes
Dick LugarRIN$0$0Yes
Joe ManchinDWV$0$0Yes
John McCainRAZ$0$0No
Claire McCaskillDMO$0$0No
Addison "Mitch" McConnellRKY$0$0No
Bob MenéndezDNJ$0$0Yes
Jeff MerkleyDOR$0$0Yes
Barbara MikulskiDMD$0$0Yes
Jerry MoranRKS$0$0No
Lisa MurkowskiRAK$0$0Yes
Patty MurrayDWA$0$0Yes
Earl "Ben" NelsonDNE$0$0Yes
Clarence "Bill" NelsonDFL$0$0Yes
Rand PaulRKY$0$0No
Rob PortmanROH$0$0No
Mark PryorDAR$0$0Yes
John "Jack" ReedDRI$0$0Yes
Harry ReidDNV$0$0Yes
Jim RischRID$0$0No
Charles "Pat" RobertsRKS$0$0No
John "Jay" RockefellerDWV$0$0Not Voting
Marco RubioRFL$0$0Not Voting
Bernie SandersIVT$0$0Yes
Chuck SchumerDNY$0$0Yes
Jeff SessionsRAL$0$0No
Jeanne ShaheenDNH$0$0Yes
Richard ShelbyRAL$0$0Yes
Olympia SnoweRME$0$0No
Debbie StabenowDMI$0$0Yes
Jon TesterDMT$0$0No
John ThuneRSD$0$0No
Patrick ToomeyRPA$0$0No
Mark UdallDCO$0$0No
Tom UdallDNM$0$0Yes
David VitterRLA$0$0No
Mark WarnerDVA$0$0No
Jim WebbDVA$0$0Yes
Sheldon WhitehouseDRI$0$0Yes
Roger WickerRMS$0$0No
Ron WydenDOR$0$0No

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