I 

113TH CONGRESS 

1ST SESSION H. R. 2024 

To amend title 35, United States Code, to require disclosure of ownership 

and transfers of ownership of patents, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2013 

Mr. DEUTCH introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 35, United States Code, to require disclosure 

of ownership and transfers of ownership of patents, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘End Anonymous Pat5 ents Act’’. 

6 SEC. 2. DISCLOSURE OF OWNERSHIP OF PATENTS. 

7 (a) DISCLOSURE OF OWNERSHIP OF PATENTS.—Sec8 tion 261 of title 35, United States Code, is amended— 


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1 (1) in the first paragraph, by striking ‘‘Sub2 ject’’ and inserting ‘‘(a) PERSONAL PROPERTY.— 

3 Subject’’; 

4 (2) in the second paragraph, by striking ‘‘Appli5 cations’’ and inserting ‘‘(b) ASSIGNMENT.—Applica6 tions’’; 

7 (3) in the third paragraph, by striking ‘‘A cer8 tificate’’ and inserting ‘‘(c) EVIDENCE OF EXECU9 TION OF TRANSFER.—A certificate’’; 

10 (4) In the fourth paragraph, by striking ‘‘An 

11 assignment’’ and inserting ‘‘(d) NOTICE OR REC12 ORDATION REQUIRED.—An assignment’’; and 

13 (5) by adding at the end the following: 

14 ‘‘(e) DISCLOSURES OF OWNERSHIP.— 

15 ‘‘(1) NEW PATENTS.—Upon the issuance of a 

16 patent under this title, the entity to which the pat17 ent is issued shall file with the Office a disclosure 

18 of the owner of the patent and any real party in in19 terest in the patent. 

20 ‘‘(2) PAYMENT OF MAINTENANCE FEES.—Upon 

21 the payment of the maintenance fee required under 

22 section 41(b), the owner of the patent shall file with 

23 the Office a disclosure of the identity of the owner 

24 of the patent and any real party in interest in the 

25 patent. 


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1 ‘‘(3) NOTICE OF TRANSFER OF OWNERSHIP.— 

2 Whenever any patent, any application for patent, or 

3 any interest therein, is sold, granted, or conveyed, 

4 the entity to which the patent, application, or inter5 est is sold, granted, or conveyed shall, within 90 

6 days after the date of the sale, grant, or conveyance, 

7 file with the Office a disclosure of the sale, grant, 

8 or conveyance, and any real party in interest in the 

9 patent, application, or interest. 

10 ‘‘(4) FORM AND MANNER OF DISCLOSURES.— 

11 The Director shall prescribe by regulation the form 

12 and manner in which disclosures are to be made 

13 under paragraphs (1), (2), and (3). The Director 

14 shall include, among the real parties in interest, for 

15 purposes of such disclosures— 

16 ‘‘(A) any entity that has the legal right to 

17 enforce the patent through an infringement ac18 tion; 

19 ‘‘(B) any ultimate parent entity of an enti20 ty described in subparagraph (A); and 

21 ‘‘(C) any entity that has a controlling in22 terest in the enforcement of the patent, includ23 ing any ultimate parent entity not included 

24 under subparagraph (A) or (B). 


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1 ‘‘(5) LIMITATION ON DAMAGES.—Any entity 

2 that fails to comply with any of the requirements 

3 under this subsection with respect to a patent or ap4 plication for patent may, in any action brought by 

5 the person or entity for infringement of the patent, 

6 only collect damages from the date on which such 

7 requirement is met. The Director shall by regulation 

8 specify what constitutes noncompliance for purposes 

9 of this paragraph. 

10 ‘‘(6) DEFINITION.—In this subsection, the term 

11 ‘ultimate parent entity’ means an entity that is not 

12 controlled by any other entity.’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect upon the expiration of the 

15 180-day period beginning on the date of the enactment 

16 of this Act. 

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