States Court of Federal Claims shall revise the ap-
plicable local rules for such court to implement such 
rules and procedures. 
(5) AUTHORITY FOR JUDICIAL CONFERENCE TO 
REVIEW AND MODIFY.— 
(A) STUDY OF EFFICACY OF RULES AND 
PROCEDURES.—The Judicial Conference shall 
study the efficacy of the rules and procedures 
required by this subsection during the 4-year 
period beginning on the date on which such 
rules and procedures by the district courts and 
the United States Court of Federal Claims are 
first implemented. The Judicial Conference may 
modify such rules and procedures following 
such 4-year period. 
(B) INITIAL MODIFICATIONS.—Before the 
expiration of the 4-year period described in sub-
paragraph (A), the Judicial Conference may 
modify the requirements under this sub-
section— 
(i) by designating categories of ‘‘core 
documentary evidence’’, in addition to 
those designated under paragraph (3)(A), 
as the Judicial Conference determines to 
be appropriate and necessary; and 
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(ii) as otherwise necessary to prevent 
a manifest injustice, the imposition of a re-
quirement the costs of which clearly out-
weigh its benefits, or a result that could 
not reasonably have been intended by the 
Congress. 
(b) JUDICIAL CONFERENCE PATENT CASE MANAGE-
MENT.—The Judicial Conference of the United States, 
using existing resources, shall develop case management 
procedures to be implemented by the United States dis-
trict courts and the United States Court of Federal Claims 
for any civil action arising under any Act of Congress re-
lating to patents, including initial disclosure and early case 
management conference practices that— 
(1) will identify any potential dispositive issues 
of the case; and 
(2) focus on early summary judgment motions 
when resolution of issues may lead to expedited dis-
position of the case. 
(c) REVISION
OF FORM
FOR PATENT INFRINGE-
MENT.— 
(1) ELIMINATION
OF
FORM.—The Supreme 
Court, using existing resources, shall eliminate Form 
18 in the Appendix to the Federal Rules of Civil 
Procedure (relating to Complaint for Patent In-
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fringement), effective on the date of the enactment 
of this Act. 
(2) REVISED FORM.—The Supreme Court may 
prescribe a new form or forms setting out model al-
legations of patent infringement that, at a minimum, 
notify accused infringers of the asserted claim or 
claims, the products or services accused of infringe-
ment, and the plaintiff’s theory for how each ac-
cused product or service meets each limitation of 
each asserted claim. The Judicial Conference should 
exercise the authority under section 2073 of title 28, 
United States Code, to make recommendations with 
respect to such new form or forms. 
(d) PROTECTION OF INTELLECTUAL-PROPERTY LI-
CENSES IN BANKRUPTCY.— 
(1) IN
GENERAL.—Section 1522 of title 11, 
United States Code, is amended by adding at the 
end the following: 
‘‘(e) Section 365(n) shall apply to cases under this 
chapter. If the foreign representative rejects or repudiates 
a contract under which the debtor is a licensor of intellec-
tual property, the licensee under such contract shall be 
entitled to make the election and exercise the rights de-
scribed in section 365(n).’’. 
(2) TRADEMARKS.— 
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(A) IN
GENERAL.—Section 101(35A) of 
title 11, United States Code, is amended— 
(i) in subparagraph (E), by striking 
‘‘or’’; 
(ii) in subparagraph (F), by striking 
‘‘title 17;’’ and inserting ‘‘title 17; or’’; and 
(iii) by adding after subparagraph (F) 
the following new subparagraph: 
‘‘(G) a trademark, service mark, or trade 
name, as those terms are defined in section 45 
of the Act of July 5, 1946 (commonly referred 
to as the ‘Trademark Act of 1946’) (15 U.S.C. 
1127);’’. 
(B) CONFORMING
AMENDMENT.—Section 
365(n)(2) of title 11, United States Code, is 
amended— 
(i) in subparagraph (B)— 
(I) by striking ‘‘royalty pay-
ments’’ and inserting ‘‘royalty or 
other payments’’; and 
(II) by striking ‘‘and’’ after the 
semicolon; 
(ii) in subparagraph (C), by striking 
the period at the end of clause (ii) and in-
serting ‘‘; and’’; and 
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(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(D) in the case of a trademark, service mark, 
or trade name, the trustee shall not be relieved of 
a contractual obligation to monitor and control the 
quality of a licensed product or service.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date of the 
enactment of this Act and shall apply to any case 
that is pending on, or for which a petition or com-
plaint is filed on or after, such date of enactment. 
SEC. 7. SMALL BUSINESS EDUCATION, OUTREACH, AND IN-
FORMATION ACCESS. 
(a) SMALL
BUSINESS
EDUCATION
AND
OUT-
REACH.— 
(1) RESOURCES FOR SMALL BUSINESS.—Using 
existing resources, the Director shall develop edu-
cational resources for small businesses to address 
concerns arising from patent infringement. 
(2) SMALL BUSINESS PATENT OUTREACH.—The 
existing small business patent outreach programs of 
the Office, and the relevant offices at the Small 
Business Administration and the Minority Business 
Development Agency, shall provide education and 
awareness on abusive patent litigation practices. The 
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Director may give special consideration to the 
unique needs of small firms owned by disabled vet-
erans, service-disabled veterans, women, and minor-
ity entrepreneurs in planning and executing the out-
reach efforts by the Office. 
(b) IMPROVING INFORMATION TRANSPARENCY FOR 
SMALL BUSINESS AND THE UNITED STATES PATENT AND 
TRADEMARK OFFICE USERS.— 
(1) WEB SITE.—Using existing resources, the 
Director shall create a user-friendly section on the 
official Web site of the Office to notify the public 
when a patent case is brought in Federal court and, 
with respect to each patent at issue in such case, the 
Director shall include— 
(A) information disclosed under sub-
sections (b) and (d) of section 290 of title 35, 
United States Code, as added by section 4(a) of 
this Act; and 
(B) any other information the Director de-
termines to be relevant. 
(2) FORMAT.—In order to promote accessibility 
for the public, the information described in para-
graph (1) shall be searchable by patent number, pat-
ent art area, and entity. 
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SEC. 8. STUDIES ON PATENT TRANSACTIONS, QUALITY, 
AND EXAMINATION. 
(a) STUDY ON SECONDARY MARKET OVERSIGHT FOR 
PATENT TRANSACTIONS TO PROMOTE TRANSPARENCY 
AND ETHICAL BUSINESS PRACTICES.— 
(1) STUDY REQUIRED.—The Director, in con-
sultation with the Secretary of Commerce, the Sec-
retary of the Treasury, the Chairman of the Securi-
ties and Exchange Commission, the heads of other 
relevant agencies, and interested parties, shall, using 
existing resources of the Office, conduct a study— 
(A) to develop legislative recommendations 
to ensure greater transparency and account-
ability in patent transactions occurring on the 
secondary market; 
(B) to examine the economic impact that 
the patent secondary market has on the United 
States; 
(C) to examine licensing and other over-
sight requirements that may be placed on the 
patent secondary market, including on the par-
ticipants 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 
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(D) to examine the requirements placed on 
other markets. 
(2) REPORT
ON
STUDY.—Not later than 18 
months after the date of the 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). 
(b) STUDY ON PATENTS OWNED BY THE UNITED 
STATES GOVERNMENT.— 
(1) STUDY REQUIRED.—The Director, in con-
sultation with the heads of relevant agencies and in-
terested parties, shall, using existing resources of the 
Office, conduct a study on patents owned by the 
United States Government that— 
(A) examines how such patents are li-
censed and sold, and any litigation relating to 
the licensing or sale of such patents; 
(B) provides legislative and administrative 
recommendations on whether there should be 
restrictions placed on patents acquired from the 
United States Government; 
(C) examines whether or not each relevant 
agency maintains adequate records on the pat-
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ents owned by such agency, specifically whether 
such agency addresses licensing, assignment, 
and Government grants for technology related 
to such patents; and 
(D) provides recommendations to ensure 
that each relevant agency has an adequate 
point of contact that is responsible for man-
aging the patent portfolio of the agency. 
(2) REPORT ON STUDY.—Not later than 1 year 
after the date of the enactment of this Act, the Di-
rector shall submit to the Committee on the Judici-
ary of the House of Representatives and the Com-
mittee on the Judiciary of the Senate a report on 
the findings and recommendations of the Director 
from the study required under paragraph (1). 
(c) STUDY ON PATENT QUALITY AND ACCESS TO 
THE BEST INFORMATION DURING EXAMINATION.— 
(1) GAO STUDY.—The Comptroller General of 
the United States shall, using existing resources, 
conduct a study on patent examination at the Office 
and the technologies available to improve examina-
tion and improve patent quality. 
(2) CONTENTS OF THE STUDY.—The study re-
quired under paragraph (1) shall include the fol-
lowing: 
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(A) An examination of patent quality at 
the Office. 
(B) An examination of ways to improve 
patent quality, specifically through technology, 
that shall include examining best practices at 
foreign patent offices and the use of existing 
off-the-shelf technologies to improve patent ex-
amination. 
(C) A description of how patents are clas-
sified. 
(D) An examination of procedures in place 
to prevent double patenting through filing by 
applicants in multiple art areas. 
(E) An examination of the types of off-the- 
shelf prior art databases and search software 
used by foreign patent offices and governments, 
particularly in Europe and Asia, and whether 
those databases and search tools could be used 
by the Office to improve patent examination. 
(F) An examination of any other areas the 
Comptroller General determines to be relevant. 
(3) REPORT ON STUDY.—Not later than 1 year 
after the date of the enactment of this Act, the 
Comptroller General shall submit to the Committee 
on the Judiciary of the House of Representatives 
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and the Committee on the Judiciary of the Senate 
a report on the findings and recommendations from 
the study required by this subsection, including rec-
ommendations for any changes to laws and regula-
tions that will improve the examination of patent ap-
plications and patent quality. 
(d) STUDY ON PATENT SMALL CLAIMS COURT.— 
(1) STUDY REQUIRED.— 
(A) IN
GENERAL.—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 ex-
isting resources, conduct a study to examine the 
idea of developing a pilot program for patent 
small claims procedures in certain judicial dis-
tricts within the existing patent pilot program 
mandated by Public Law 111–349. 
(B) CONTENTS
OF
STUDY.—The study 
under subparagraph (A) shall examine— 
(i) the necessary criteria for using 
small claims procedures; 
(ii) the costs that would be incurred 
for establishing, maintaining, and oper-
ating such a pilot program; and 
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(iii) the steps that would be taken to 
ensure that the procedures used in the 
pilot program are not misused for abusive 
patent litigation. 
(2) REPORT ON STUDY.—Not later than 1 year 
after the date of the enactment of this Act, the Di-
rector of the Administrative Office of the United 
States Courts shall submit a report to the Com-
mittee on the Judiciary of the House of Representa-
tives 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). 
(e) STUDY ON DEMAND LETTERS.— 
(1) STUDY.—The Director, in consultation with 
the heads of other appropriate agencies, shall, using 
existing resources, conduct a study of the prevalence 
of the practice of sending patent demand letters in 
bad faith and the extent to which that practice may, 
through fraudulent or deceptive practices, impose a 
negative impact on the marketplace. 
(2) REPORT TO CONGRESS.—Not later than 1 
year after the date of the enactment of this Act, the 
Director shall submit a report to the Committee on 
the Judiciary of the House of Representatives and 
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the Committee on the Judiciary of the Senate on the 
findings and recommendations of the Director from 
the study required under paragraph (1). 
(3) PATENT
DEMAND
LETTER
DEFINED.—In 
this subsection, the term ‘‘patent demand letter’’ 
means a written communication relating to a patent 
that states or indicates, directly or indirectly, that 
the recipient or anyone affiliated with the recipient 
is or may be infringing the patent. 
(f) STUDY ON BUSINESS METHOD PATENT QUAL-
ITY.— 
(1) GAO STUDY.—The Comptroller General of 
the United States shall, using existing resources, 
conduct a study on the volume and nature of litiga-
tion involving business method patents. 
(2) CONTENTS OF STUDY.—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 ex-
amination of any other areas that the Comptroller 
General determines to be relevant. 
(3) REPORT TO CONGRESS.—Not later than 1 
year after the date of the enactment of this Act, the 
Comptroller General shall submit to the Committee 
on the Judiciary of the House of Representatives 
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and the Committee on the Judiciary of the Senate 
a report on the findings and recommendations from 
the study required by this subsection, including rec-
ommendations for any changes to laws or regula-
tions that the Comptroller General considers appro-
priate on the basis of the study. 
(g) STUDY ON IMPACT OF LEGISLATION ON ABILITY 
OF INDIVIDUALS AND SMALL BUSINESSES TO PROTECT 
EXCLUSIVE
RIGHTS
TO
INVENTIONS
AND
DISCOV-
ERIES.— 
(1) STUDY REQUIRED.—The Director, in con-
sultation with the Secretary of Commerce, the Direc-
tor of the Administrative Office of the United States 
Courts, the Director of the Federal Judicial Center, 
the heads of other relevant agencies, and interested 
parties, shall, using existing resources of the Office, 
conduct a study to examine the economic impact of 
sections 3, 4, and 5 of this Act, and any amend-
ments made by such sections, on the ability of indi-
viduals and small businesses owned by women, vet-
erans, and minorities to assert, secure, and vindicate 
the constitutionally guaranteed exclusive right to in-
ventions and discoveries by such individuals and 
small business. 
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(2) REPORT
ON
STUDY.—Not later than 2 
years after the date of the enactment of this Act, the 
Director shall submit to the Committee on the Judi-
ciary of the House of Representatives and the Com-
mittee on the Judiciary of the Senate a report on 
the findings and recommendations of the Director 
from the study required under paragraph (1). 
SEC. 9. IMPROVEMENTS AND TECHNICAL CORRECTIONS TO 
THE LEAHY-SMITH AMERICA INVENTS ACT. 
(a) POST-GRANT REVIEW AMENDMENT.—Section 
325(e)(2) of title 35, United States Code is amended by 
striking ‘‘or reasonably could have raised’’. 
(b) USE OF DISTRICT-COURT CLAIM CONSTRUCTION 
IN POST-GRANT AND INTER PARTES REVIEWS.— 
(1) INTER PARTES REVIEW.—Section 316(a) of 
title 35, United States Code, is amended— 
(A) in paragraph (12), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (13), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(14) providing that for all purposes under this 
chapter— 
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‘‘(A) each claim of a patent shall be con-
strued as such claim would be in a civil action 
to invalidate a patent under section 282(b), in-
cluding construing each claim of the patent in 
accordance with the ordinary and customary 
meaning of such claim as understood by one of 
ordinary skill in the art and the prosecution 
history pertaining to the patent; and 
‘‘(B) if a court has previously construed 
the claim or a claim term in a civil action in 
which the patent owner was a party, the Office 
shall consider such claim construction.’’. 
(2) POST-GRANT
REVIEW.—Section 326(a) of 
title 35, United States Code, is amended— 
(A) in paragraph (11), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (12), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(13) providing that for all purposes under this 
chapter— 
‘‘(A) each claim of a patent shall be con-
strued as such claim would be in a civil action 
to invalidate a patent under section 282(b), in-
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cluding construing each claim of the patent in 
accordance with the ordinary and customary 
meaning of such claim as understood by one of 
ordinary skill in the art and the prosecution 
history pertaining to the patent; and 
‘‘(B) if a court has previously construed 
the claim or a claim term in a civil action in 
which the patent owner was a party, the Office 
shall consider such claim construction.’’. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 18(a)(1)(A) of the Leahy-Smith 
America Invents Act (Public Law 112–29; 126 Stat. 
329; 35 U.S.C. 321 note) is amended by striking 
‘‘Section 321(c)’’ and inserting ‘‘Sections 321(c) and 
326(a)(13)’’. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect upon the expira-
tion of the 90-day period beginning on the date of 
the enactment of this Act, and shall apply to any 
proceeding under chapter 31 or 32 of title 35, 
United States Code, as the case may be, for which 
the petition for review is filed on or after such effec-
tive date. 
(c) CODIFICATION
OF
THE
DOUBLE-PATENTING 
DOCTRINE FOR FIRST-INVENTOR-TO-FILE PATENTS.— 
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(1) AMENDMENT.—Chapter 10 of title 35, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 106. Prior art in cases of double patenting 
‘‘A claimed invention of a patent issued under section 
151 (referred to as the ‘first patent’) that is not prior art 
to a claimed invention of another patent (referred to as 
the ‘second patent’) shall be considered prior art to the 
claimed invention of the second patent for the purpose of 
determining the nonobviousness of the claimed invention 
of the second patent under section 103 if— 
‘‘(1) the claimed invention of the first patent 
was effectively filed under section 102(d) on or be-
fore the effective filing date of the claimed invention 
of the second patent; 
‘‘(2) either— 
‘‘(A) the first patent and second patent 
name the same individual or individuals as the 
inventor; or 
‘‘(B) the claimed invention of the first pat-
ent would constitute prior art to the claimed in-
vention of the second patent under section 
102(a)(2) 
if 
an 
exception 
under 
section 
102(b)(2) were deemed to be inapplicable and 
the claimed invention of the first patent was, or 
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were deemed to be, effectively filed under sec-
tion 102(d) before the effective filing date of 
the claimed invention of the second patent; and 
‘‘(3) the patentee of the second patent has not 
disclaimed the rights to enforce the second patent 
independently from, and beyond the statutory term 
of, the first patent.’’. 
(2) REGULATIONS.—The Director shall promul-
gate regulations setting forth the form and content 
of any disclaimer required for a patent to be issued 
in compliance with section 106 of title 35, United 
States Code, as added by paragraph (1). Such regu-
lations shall apply to any disclaimer filed after a 
patent has issued. A disclaimer, when filed, shall be 
considered for the purpose of determining the valid-
ity of the patent under section 106 of title 35, 
United States Code. 
(3) CONFORMING AMENDMENT.—The table of 
sections for chapter 10 of title 35, United States 
Code, is amended by adding at the end the following 
new item: 
‘‘106. Prior art in cases of double patenting.’’. 
(4) EXCLUSIVE RULE.—A patent subject to sec-
tion 106 of title 35, United States Code, as added 
by paragraph (1), shall not be held invalid on any 
nonstatutory, double-patenting ground based on a 
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patent described in section 3(n)(1) of the Leahy- 
Smith America Invents Act (35 U.S.C. 100 note). 
(5) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect upon the expira-
tion of the 1-year period beginning on the date of 
the enactment of this Act and shall apply to a pat-
ent or patent application only if both the first and 
second patents described in section 106 of title 35, 
United States Code, as added by paragraph (1), are 
patents or patent applications that are described in 
section 3(n)(1) of the Leahy-Smith America Invents 
Act (35 U.S.C. 100 note). 
(d) PTO PATENT REVIEWS.— 
(1) CLARIFICATION.— 
(A) 
SCOPE
OF
PRIOR
ART.—Section 
18(a)(1)(C)(i) of the Leahy-Smith America In-
vents Act (35 U.S.C. 321 note) is amended by 
striking ‘‘section 102(a)’’ and inserting ‘‘sub-
section (a) or (e) of section 102’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall take effect on 
the date of the enactment of this Act and shall 
apply to any proceeding pending on, or filed on 
or after, such date of enactment. 
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(2) AUTHORITY
TO
WAIVE
FEE.—Subject to 
available resources, the Director may waive payment 
of a filing fee for a transitional proceeding described 
under section 18(a) of the Leahy-Smith America In-
vents Act (35 U.S.C. 321 note). 
(e) CLARIFICATION OF LIMITS ON PATENT TERM 
ADJUSTMENT.— 
(1) AMENDMENTS.—Section 154(b)(1)(B) of 
title 35, United States Code, is amended— 
(A) in the matter preceding clause (i), by 
striking ‘‘not including—’’ and inserting ‘‘the 
term of the patent shall be extended 1 day for 
each day after the end of that 3-year period 
until the patent is issued, not including—’’; 
(B) in clause (i), by striking ‘‘consumed by 
continued examination of the application re-
quested by the applicant’’ and inserting ‘‘con-
sumed after continued examination of the appli-
cation is requested by the applicant’’; 
(C) in clause (iii), by striking the comma 
at the end and inserting a period; and 
(D) by striking the matter following clause 
(iii). 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date of the 
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enactment of this Act and apply to any patent appli-
cation that is pending on, or filed on or after, such 
date of enactment. 
(f) CLARIFICATION OF JURISDICTION.— 
(1) IN GENERAL.—The Federal interest in pre-
venting inconsistent final judicial determinations as 
to the legal force or effect of the claims in a patent 
presents a substantial Federal issue that is impor-
tant to the Federal system as a whole. 
(2) APPLICABILITY.—Paragraph (1)— 
(A) shall apply to all cases filed on or 
after, or pending on, the date of the enactment 
of this Act; and 
(B) shall not apply to a case in which a 
Federal court has issued a ruling on whether 
the case or a claim arises under any Act of 
Congress relating to patents or plant variety 
protection before the date of the enactment of 
this Act. 
(g) PATENT PILOT PROGRAM IN CERTAIN DISTRICT 
COURTS DURATION.— 
(1) DURATION.—Section 1(c) of Public Law 
111–349 (124 Stat. 3674; 28 U.S.C. 137 note) is 
amended to read as follows: 
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‘‘(c) DURATION.—The program established under 
subsection (a) shall be maintained using existing re-
sources, and shall terminate 20 years after the end of the 
6-month period described in subsection (b).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act. 
(h) TECHNICAL CORRECTIONS.— 
(1) NOVELTY.— 
(A) AMENDMENT.—Section 102(b)(1)(A) 
of title 35, United States Code, is amended by 
striking ‘‘the inventor or joint inventor or by 
another’’ and inserting ‘‘the inventor or a joint 
inventor or another’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall be effective as 
if included in the amendment made by section 
3(b)(1) of the Leahy-Smith America Invents 
Act (Public Law 112–29). 
(2) INVENTOR’S OATH OR DECLARATION.— 
(A) AMENDMENT.—The second sentence of 
section 115(a) of title 35, United States Code, 
is amended by striking ‘‘shall execute’’ and in-
serting ‘‘may be required to execute’’. 
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(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall be effective as 
if included in the amendment made by section 
4(a)(1) of the Leahy-Smith America Invents 
Act (Public Law 112–29). 
(3) ASSIGNEE FILERS.— 
(A) BENEFIT OF EARLIER FILING DATE; 
RIGHT OF PRIORITY.—Section 119(e)(1) of title 
35, United States Code, is amended, in the first 
sentence, by striking ‘‘by an inventor or inven-
tors named’’ and inserting ‘‘that names the in-
ventor or a joint inventor’’. 
(B) BENEFIT OF EARLIER FILING DATE IN 
THE UNITED STATES.—Section 120 of title 35, 
United States Code, is amended, in the first 
sentence, by striking ‘‘names an inventor or 
joint inventor’’ and inserting ‘‘names the inven-
tor or a joint inventor’’. 
(C) EFFECTIVE DATE.—The amendments 
made by this paragraph shall take effect on the 
date of the enactment of this Act and shall 
apply to any patent application, and any patent 
issuing from such application, that is filed on or 
after September 16, 2012. 
(4) DERIVED PATENTS.— 
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(A) AMENDMENT.—Section 291(b) of title 
35, United States Code, is amended by striking 
‘‘or joint inventor’’ and inserting ‘‘or a joint in-
ventor’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall be effective as 
if included in the amendment made by section 
3(h)(1) of the Leahy-Smith America Invents 
Act (Public Law 112–29). 
(5) SPECIFICATION.—Notwithstanding section 
4(e) of the Leahy-Smith America Invents Act (Pub-
lic Law 112–29; 125 Stat. 297), the amendments 
made by subsections (c) and (d) of section 4 of such 
Act shall apply to any proceeding or matter that is 
pending on, or filed on or after, the date of the en-
actment of this Act. 
(6) TIME LIMIT FOR COMMENCING MISCONDUCT 
PROCEEDINGS.— 
(A) AMENDMENT.—The fourth sentence of 
section 32 of title 35, United States Code, is 
amended by striking ‘‘1 year’’ and inserting 
‘‘18 months’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by this paragraph shall take effect on the 
date of the enactment of this Act and shall 
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apply to any action in which the Office files a 
complaint on or after such date of enactment. 
(7) PATENT OWNER RESPONSE.— 
(A) CONDUCT
OF
INTER
PARTES
RE-
VIEW.—Paragraph (8) of section 316(a) of title 
35, United States Code, is amended by striking 
‘‘the petition under section 313’’ and inserting 
‘‘the petition under section 311’’. 
(B) CONDUCT OF POST-GRANT REVIEW.— 
Paragraph (8) of section 326(a) of title 35, 
United States Code, is amended by striking 
‘‘the petition under section 323’’ and inserting 
‘‘the petition under section 321’’. 
(C) EFFECTIVE DATE.—The amendments 
made by this paragraph shall take effect on the 
date of the enactment of this Act. 
(8) INTERNATIONAL APPLICATIONS.— 
(A) AMENDMENTS.—Section 202(b) of the 
Patent Law Treaties Implementation Act of 
2012 (Public Law 112–211; 126 Stat. 1536) is 
amended— 
(i) by striking paragraph (7); and 
(ii) by redesignating paragraphs (8) 
and (9) as paragraphs (7) and (8), respec-
tively. 
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(B) EFFECTIVE DATE.—The amendments 
made by subparagraph (A) shall be effective as 
if included in title II of the Patent Law Trea-
ties Implementation Act of 2012 (Public Law 
112–21). 
SEC. 10. EFFECTIVE DATE. 
Except as otherwise provided in this Act, the provi-
sions of this Act shall take effect on the date of the enact-
ment of this Act, and shall apply to any patent issued, 
or any action filed, on or after that date. 
Æ 
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