Sec. 13. Studies on patent transactions, quality, and examination

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The Director, in consultation with the Secretary of Commerce, the Secretary of the Treasury, the Chairman of the Securities and Exchange Commission, the heads of other relevant agencies, and interested parties, shall, using existing resources of the Office, conduct a study— to develop legislative recommendations to ensure greater transparency and accountability in patent transactions occurring on the secondary market; to examine the economic impact that the patent secondary market has on the United States; to examine licensing and other oversight requirements that may be placed on the patent secondary market, including on the participants in such markets, to ensure that the market is a level playing field and that brokers in the market have the requisite expertise and adhere to ethical business practices; and to examine the requirements placed on other markets.

Not later than 18 months after the date of enactment of this Act, the Director shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate on the findings and recommendations of the Director from the study required under paragraph (1). The Director of the Administrative Office of the United States Courts, in consultation with the Director of the Federal Judicial Center and the United States Patent and Trademark Office, shall, using existing resources, conduct a study to examine the idea of developing a pilot program for patent small claims procedures in certain judicial districts within the existing patent pilot program mandated by Public Law 111–349 .

The study under subparagraph

(A)shall examine— the necessary criteria for using small claims procedures; the costs that would be incurred for establishing, maintaining, and operating such a pilot program; and the steps that would be taken to ensure that the procedures used in the pilot program are not misused for abusive patent litigation. Not later than 1 year after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate on the findings and recommendations of the Director of the Administrative Office from the study required under paragraph (1). The Comptroller General of the United States shall, using existing resources, conduct a study on the volume and nature of litigation involving business method patents. The study required under paragraph

(1)shall focus on examining the quality of business method patents asserted in suits alleging patent infringement, and may include an examination of any other areas that the Comptroller General determines to be relevant. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the findings and recommendations from the study required by this subsection, including recommendations for any changes to laws or regulations that the Comptroller General considers appropriate on the basis of the study.

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Pub. L. 111-349

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Sec. 13

Studies on patent transactions, quality, and examination

Pub. L.Pub. L. 111-349

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