Sec. 3. Transparency of patent ownership
459 words·~2 min read·
/bill/113/s/1720/is/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 281 of title 35, United States Code, is amended— by striking A patentee and inserting
(a); and In general .—A patentee by adding at the end the following: The court shall require a patentee who has filed a civil action under subsection
(a)to disclose to the court and to all adverse parties, any persons, associations of persons, firms, partnerships, corporations (including parent corporations), or other entities other than the patentee itself known by the patentee to have— a financial interest (of any kind) in the subject matter in controversy or in a party to the proceeding; or any other kind of interest that could be substantially affected by the outcome of the proceeding. For purposes of this section, the terms proceeding and financial interest have the meaning given those terms in section 455(d) of title 28. . Section 290 of title 35, United States Code, is amended in the first sentence by inserting after inventor, the following: any information that a patentee has publicly disclosed under section 281(b), . Chapter 26 of title 35, United States Code, is amended by adding at the end the following: In this section— the term period of noncompliance refers to a period of time during which the ultimate parent entity of an assignee of a patent has not been disclosed to the United States Patent and Trademark Office in accordance with this section; and the term ultimate parent entity has the meaning given the term in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor regulation. An assignment of all substantial rights in an issued patent that results in a change to the ultimate parent entity shall be recorded in the Patent and Trademark Office within 3 months of the assignment. A disclosure under subsection
(b)shall include the name of the assignee and the ultimate parent entity of the assignee. If subsection
(b)has not been complied with with respect to a patent, in a civil action in which a party asserts a claim for infringement of the patent— the party asserting infringement of the patent may not recover increased damages under section 284 or attorney fees under section 285 with respect to infringing activities taking place during any period of noncompliance; and the court shall award a prevailing accused infringer reasonable attorney fees and expenses incurred in discovering any previously undisclosed ultimate parent entities in the chain of title. . The amendment made by paragraph
(1)shall apply to any patent issued on or after the date of enactment of this Act. The table of sections for chapter 26 of title 35, United States Code, is amended by adding at the end the following new item: 263. Disclosure of information relating to patent ownership. .