(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 
(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 
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 
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. 
(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— 
‘‘(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
(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 
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