A bill to amend title 35, United States Code, with respect to patented processes and the patent cooperation treaty.
Patent Equity Act - Title I: Patented Process - Process Patent Amendments Act of 1986 - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a process patented in the United States. Requires the infringer to know or be on notice that the product was made by a process patented in the United States before a process patent holder may recover damages.
Places the burden of proof in an infringement action to show that product was not produced by the patented process on the defendant.
Makes this provision effective prospectively only.
Directs the Secretary of Commerce to report annually to the Congress for five years on the effect of this provision on the importation of manufacturing ingredients in certain domestic industries.
Title II: Patent Cooperation Treaty Authorization - Amends the patent laws to implement the Patent Cooperation Treaty. Permits the Commissioner of Patents and Trademarks to determine when the basic fee of an international application is due.
Authorizes the Patent and Trademark Office to act as an International Preliminary Examining Authority with respect to international applications in accordance with terms and conditions prescribed by the International Bureau and the Commissioner.
Revises the time limit for commencement of the national stage of international applications to conform with the Patent Cooperation Treaty. Requires an English translation of any annexes to the international preliminary examination report made in another language.
Requires the payment of a handling as well as international fee. Permits the charging of a preliminary examination fee.
For Further Action See H.R.4899.
Introduced in House
Referred to House Committee on The Judiciary.
Hearings Held on Similar Bills (H.R.1069 and H.R.4539) Prior To Introduction.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported.
Reported to House (Amended) by House Committee on The Judiciary. Report No: 99-807.
Reported to House (Amended) by House Committee on The Judiciary. Report No: 99-807.
Placed on Union Calendar No: 486.
Called up by House Under Suspension of Rules.
Passed/agreed to in House: Passed House (Amended) by Voice Vote.
Passed House (Amended) by Voice Vote.
Received in the Senate and read twice and held at the desk by unanimous consent.
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Measure laid before Senate by unanimous consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
Passed Senate with an amendment by Voice Vote.
Senate insists on its amendments, asks for a conference, appoints conferees Mathias; Thurmond; Hatch; Leahy; Metzenbaum.
Unanimous Consent Request to Consider Rejected in House.
Resolving differences -- House actions: House Concurred, in Senate Amendments , with Amendments by Voice Vote.
House Concurred, in Senate Amendments , with Amendments by Voice Vote.
Message on House action received in Senate and held at desk: House amendments to Senate amendments.