SEC. 3. DEMAND LETTER REQUIREMENT. 
(a) AMENDMENT.—Chapter 26 of title 35, United 
States Code, as amended by section 2(a), is amended by 
adding at the end the following new section: 
‘‘§ 264. Requirements for patent infringement de-
mand letters 
‘‘(a) IN GENERAL.—Any entity sending a demand 
letter shall include in any demand letter sent to another 
entity the following: 
‘‘(1) An identification of each patent that is or 
may be allegedly infringing. 
‘‘(2) An identification of each claim of each pat-
ent identified under paragraph (1) that is allegedly 
infringed. 
‘‘(3) For each claim identified under paragraph 
(2), an identification of each accused apparatus, 
product, feature, device, method, system, process, 
function, act, service, or other instrumentality (re-
ferred to in this section as an ‘accused instrumen-
tality’) alleged to infringe the claim. 
‘‘(4) For each accused instrumentality identi-
fied under paragraph (3), an identification with par-
ticularity, if known, of— 
‘‘(A) the name or model number of each 
accused instrumentality; and 
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‘‘(B) the name of each accused method, 
system, process, function, act, or service, or the 
name or model number of each apparatus, 
product, feature, or device that, when used, al-
legedly results in the practice of the claimed in-
vention. 
‘‘(5) For each accused instrumentality identi-
fied under paragraph (3), an explanation of— 
‘‘(A) where each element of each asserted 
claim identified under paragraph (2) is found 
within the accused instrumentality; 
‘‘(B) whether each such element is in-
fringed literally or under the doctrine of equiva-
lents; and 
‘‘(C) with detailed specificity, how the 
terms in each asserted claim identified under 
paragraph (2) correspond to the functionality of 
the accused instrumentality. 
‘‘(6) For each claim that is alleged to have been 
infringed indirectly, a description of— 
‘‘(A) the direct infringement; 
‘‘(B) any person alleged to be a direct in-
fringer known to the party alleging infringe-
ment; and 
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‘‘(C) the acts of the alleged indirect in-
fringer that contribute to or are inducing the 
direct infringement. 
‘‘(7) A description of the right of the party al-
leging infringement to assert each— 
‘‘(A) patent identified under paragraph 
(1); and 
‘‘(B) patent claim identified in paragraph 
(2). 
‘‘(8) A description of the principal business of 
the party alleging infringement. 
‘‘(9) A list of each complaint filed, of which the 
party alleging infringement has knowledge, that as-
serts or asserted any of the patents identified under 
paragraph (1). 
‘‘(10) Identification of any case that has been 
filed by such entity relating to each patent identified 
under paragraph (1), including the docket number 
and the court in which the case was filed. 
‘‘(11) Identification of any ex parte review 
under chapter 30 or any inter partes review under 
chapter 31 for each patent identified under para-
graph (1). 
‘‘(12) For each patent identified under para-
graph (1), whether such patent is subject to any li-
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censing term or pricing commitments through any 
agency, organization, standard-setting body, or other 
entity or community. 
‘‘(13) The identity of any person other than the 
party alleging infringement, known to the party al-
leging infringement, who— 
‘‘(A) owns or co-owns a patent identified 
under paragraph (1); 
‘‘(B) is the assignee of a patent identified 
under paragraph (1); or 
‘‘(C) is an exclusive licensee to a patent 
identified under paragraph (1). 
‘‘(14) The identity of any person other than the 
party alleging infringement, known to the party al-
leging infringement, who has a legal right to enforce 
a patent identified under paragraph (1) through a 
civil action under any Act of Congress relating to 
patents or is licensed under such patent. 
‘‘(15) The identity of any person with a direct 
financial interest in the outcome of the action, in-
cluding a right to receive proceeds, or any fixed or 
variable portion thereof. 
‘‘(16) A description of any agreement or other 
legal basis for a financial interest described in para-
graph (13). 
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‘‘(17) A description of how the recipient of the 
demand letter can access the demand letter database 
of the Patent and Trademark Office. 
‘‘(18) At the bottom of such letter, a clear 
statement of the following: ‘You are not required to 
respond to this letter by law.’. 
‘‘(b) INFORMATION NOT READILY ACCESSIBLE.—An 
entity required to disclose the information described under 
subsection (a) shall include with such disclosure a descrip-
tion of any information described under subsection (a) 
that is not disclosed, why such undisclosed information 
was not readily accessible, and the efforts made by such 
entity to access such undisclosed information. 
‘‘(c) DEMAND LETTER DEFINED.—In this section, 
the term ‘demand letter’ shall have the meaning given that 
term under section 263(g).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 26 of title 35, United 
States Code, as amended by section 2(b), is amended by 
adding at the end the following new item: 
‘‘264. Requirements for patent infringement demand letters.’’. 
SEC. 4. PENALTIES. 
(a) AMENDMENT.—Chapter 26 of title 35, United 
States Code, as amended by sections 2(a) and 3(a), is 
amended by adding at the end the following new section: 
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‘‘§ 265. Penalties 
‘‘(a) DISCLOSURE OF INFORMATION TO THE PATENT 
AND TRADEMARK OFFICE VIOLATION.—Any entity that 
receives a demand letter and that believes the require-
ments under section 263 have not been met with respect 
to such patent may submit to the Office in writing a peti-
tion— 
‘‘(1) describing the requirements that have not 
been met under section 263; and 
‘‘(2) anything else the Director determines to 
be necessary. 
‘‘(b) DEMAND LETTER REQUIREMENT VIOLATION.— 
Any entity that receives a demand letter that does not 
meet the requirements described under section 264 may 
submit to the Office in writing a petition— 
‘‘(1) describing the requirements that have not 
been included in such letter; and 
‘‘(2) anything else the Director determines to 
be necessary. 
‘‘(c) NOTICE OF INTENT TO ABANDON.—If the Of-
fice determines that the requirements of section 263 or 
264 have not been met with respect to a patent, the Office 
shall notify the patent owner that the patent will be voided 
unless a fee is paid not later than 3 months after the date 
on which the notification is sent. The Director may accept 
the payment of any fee required by this subsection if the 
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