and Trademark Office’’ means the Under Secretary
of Commerce for Intellectual Property and the Di-
rector of the United States Patent and Trademark
Office.
(2) PATENT
AND
TRADEMARK
OFFICE.—The
term ‘‘Patent and Trademark Office’’ means the
United States Patent and Trademark Office.
(3) GSP COUNTRY.—The term ‘‘GSP country’’
means a beneficiary developing country under title V
of the Trade Act of 1974.
SEC. 4. SOVEREIGN DUTIES OF THE PATENT AND TRADE-
MARK OFFICE.
(a) IN GENERAL.—The Director of the Patent and
Trademark Office, subject to the policy guidance of the
Secretary of Commerce, shall be responsible for the fol-
lowing:
(1) The establishment in the Patent and Trade-
mark Office of a US/GSP International Country No-
tification Office for the purpose of providing official
notification of the issuance of patents that are valid
both under the laws of the United States and a GSP
country with which the United States has entered
into an agreement under subsection (b).
(2) Ensuring that patents that are to be valid
under the laws of such a GSP country and the
United States be issued according to standards ap-
plicable to patents issued under United States law.
(3) Ensuring that all examination and search
duties for the grant of a patent that is to be valid
under United States law and the laws of such a GSP
country are performed by patent examiners in the
Patent and Trademark Office who are United States
citizens.
(b) AGREEMENTS WITH COUNTRIES.—The Secretary
of State, in consultation with the Secretary of Commerce,
shall seek to enter into negotiations with each GSP coun-
try desiring patents to be issued pursuant to this Act in
order to conclude an agreement with that GSP country
providing for the issuance and notification of such patents
pursuant to this Act.
(c) SPECIAL PAYMENTS.—
(1) TRUST FUNDS.—The Director of the Patent
and Trademark Office shall establish a trust fund
for each GSP country with which the United States
has an agreement under subsection (b). The Direc-
tor shall use amounts in the fund to assist that GSP
country in establishing or enhancing the patent sys-
tem in that country, through technical assistance,
education programs, and other appropriate pro-
grams. There shall be deposited into a fund for a
GSP country—
(A) 15 percent of the patent fees charged
in connection with applications for patent filed
and patents issued that are to be valid in both
the United States and that country; and
(B) a special handling fee for each such
patent application or patent, as determined by
agreement between the Director of the Patent
and Trademark Office and that country.
(2) 
COMPUTER
SEARCH
FACILITIES.—The
United States shall make available computer search
facilities containing the patent data base of the Pat-
ent and Trademark Office in each GSP country with
which there is an agreement under subsection (b). A
fee shall be charged for the use of such patent
search facilities in the GSP country. The fee shall be
determined by the Secretary of Commerce and the
Director of the Patent and Trademark Office, pur-
suant to agreement with that country. The Secretary
of State shall make available such computer search
facilities at the United States embassy or mission in
that country.
SEC. 5. SMALL BUSINESS DEVELOPMENT.
The Administrator of the Small Business Administra-
tion shall provide information to the GSP countries with
which agreements have been entered into under section
4(b) on the steps required to create a small business based
on a patent issued to an individual or small business pur-
suant to this Act.
SEC. 6. INTERNATIONAL/GSP PATENT PROGRAM.
The Agency for International Development shall use
funds otherwise available to develop and implement a pro-
gram to provide instruction to the GSP countries with
which agreements have been reached under section 4(b)
in the methods of structuring a patent system to enhance
economic development, including demonstrating the bene-
fits that can accrue to universities and other institutions
from acquiring intellectual property rights on the product
of their research.
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