Sec. 10. Transparency of patent transfer
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/bill/114/s/1137/is/section-10A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 26 of title 35, United States Code, is amended by inserting after section 261 the following: In this section: The term period of noncompliance refers to a period of time during which the assignee or 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. Except as provided in subparagraph (B), the term ultimate parent entity has the meaning given such term in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor regulation.
The Director may by regulation modify the definition of the term ultimate parent entity . An assignment of all substantial rights in an issued patent shall be recorded in the Patent and Trademark Office— not later than the date on which the patent is issued; and when any subsequent assignment is made that results in a change to the ultimate parent entity— not later than 3 months after the date on which such assignment is made; or in the case of an assignment made as part of a corporate acquisition that meets the reporting thresholds under section 7A(a)(2) of the Clayton Act ( 15 U.S.C. 18a(a)(2) ), not later than 6 months after the closing date of such acquisition.
A disclosure under subsection
(b)shall include the name of the assignee and the ultimate parent entity of the assignee. In a civil action in which a party asserts a claim for infringement of a patent, if there was a failure to comply with subsection
(b)for 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, unless the denial of such damages or fees would be manifestly unjust; and the court shall award to a prevailing accused infringer reasonable attorney fees and expenses incurred in discovering the identity of any undisclosed entity required to be disclosed under subsection (b), unless such sanctions would be manifestly unjust. . The amendment made by paragraph
(1)shall apply to any patent for which a notice of allowance is 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: 261A. Disclosure of information relating to patent ownership. . The Director may promulgate such regulations as are necessary to establish a registration fee in an amount sufficient to recover the estimated costs of administering section 261A of title 35, United States Code, as added by subsection (a), to facilitate the collection and maintenance of the information required by the amendments made by this section and section 3(b) of this Act, and to ensure the timely disclosure of such information to the public.
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Sec. 10
Transparency of patent transfer
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