I 
109TH CONGRESS 
1ST SESSION H. R. 2795
To amend title 35, United States Code, relating to the procurement, 
enforcement, and validity of patents. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2005
Mr. SMITH of Texas (for himself, Mr. BERMAN, Mr. GOODLATTE, Mr. BOU-
CHER, Ms. ZOE LOFGREN of California, Mr. CANNON, Mr. SCHIFF, Mr. 
ISSA, Mr. CONYERS, and Mr. COBLE) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To amend title 35, United States Code, relating to the 
procurement, enforcement, and validity of patents.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Patent Reform Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Reference to title 35, United States Code. 
Sec. 3. Right of the first inventor to file. 
Sec. 4. Right to a patent. 
Sec. 5. Duty of candor.
Sec. 6. Right of the inventor to obtain damages. 
Sec. 7. Injunctions. 
Sec. 8. Continuation applications. 
Sec. 9. Post-grant procedures and other quality enhancements. 
Sec. 10. Submissions by third parties. 
Sec. 11. Applicability; transitional provisions. 
SEC. 2. REFERENCE TO TITLE 35, UNITED STATES CODE. 
Whenever in this Act a section or other provision is 
amended or repealed, that amendment or repeal shall be 
considered to be made to that section or other provision 
of title 35, United States Code. 
SEC. 3. RIGHT OF THE FIRST INVENTOR TO FILE. 
(a) DEFINITIONS.—Section 100 is amended by add-
ing at the end the following: 
‘‘(f) The term ‘inventor’ means the individual or, if 
a joint invention, the individuals collectively who invented 
or discovered the subject matter of the invention. 
‘‘(g) The terms ‘joint inventor’ and ‘coinventor’ mean 
any one of the individuals who invented or discovered the 
subject matter of a joint invention. 
‘‘(h) The ‘effective filing date’ of a claimed invention 
is— 
‘‘(1) the filing date of the patent or the applica-
tion for patent containing the claim to the invention; 
or 
‘‘(2) if the patent or application for patent is 
entitled to a right of priority of any other applica-
tion under section 119, 365(a), or 365(b) or to the
benefit of an earlier filing date in the United States 
under section 120, 121, or 365(c), the filing date of 
the earliest such application in which the claimed in-
vention is disclosed in the manner provided by the 
first paragraph of section 112 of this title. 
‘‘(i) The term ‘claimed invention’ means the subject 
matter defined by a claim in a patent or an application 
for a patent.’’. 
(b) CONDITIONS FOR PATENTABILITY.— 
(1) IN GENERAL.—Section 102 is amended to 
read as follows: 
‘‘§ 102. Conditions for patentability; novelty 
‘‘(a) NOVELTY; PRIOR ART.—A patent for a claimed 
invention may not be obtained if— 
‘‘(1) the claimed invention was patented, de-
scribed in a printed publication, or otherwise pub-
licly known— 
‘‘(A) more than one year before the effec-
tive filing date of the claimed invention; or 
‘‘(B) before the effective filing date of the 
claimed invention, other than through disclo-
sures made by the inventor or a joint inventor 
or by others who obtained the subject matter 
disclosed directly or indirectly from the inventor 
or a joint inventor; or
‘‘(2) the claimed invention was described in a 
patent issued under section 151, or in an application 
for patent published or deemed published under sec-
tion 122(b), in which the patent or application, as 
the case may be, names another inventor and was 
effectively filed before the effective filing date of the 
claimed invention. 
‘‘(b) LIMITATION ON PRIOR ART.— 
‘‘(1) COMMONLY ASSIGNED INVENTION EXCEP-
TION.—Subject matter that would otherwise qualify 
as prior art only under subsection (a)(2) shall not be 
prior art to a claimed invention if the subject matter 
and the claimed invention were, not later than the 
effective filing date of the claimed invention, owned 
by the same person or subject to an obligation of as-
signment to the same person. 
‘‘(2) JOINT
RESEARCH
AGREEMENT
EXCEP-
TION.— 
‘‘(A) EXCEPTION.—Subject matter that 
would otherwise qualify as prior art only under 
subsection (a)(2) shall not be prior art for pur-
poses of section 103 to a claimed invention if— 
‘‘(i) the claimed invention was made 
by or on behalf of parties to a joint re-
search agreement that was in effect on or
before the effective filing date of the 
claimed invention; 
‘‘(ii) the subject matter was developed 
and the claimed invention was made as a 
result of activities undertaken within the 
scope of the joint research agreement; and 
‘‘(iii) the application for patent for 
the claimed invention discloses or is 
amended to disclose the names of the par-
ties to the joint research agreement. 
‘‘(B) DEFINITION.—For purposes of sub-
paragraph (A), the term ‘joint research agree-
ment’ means a written contract, grant, or coop-
erative agreement entered into by two or more 
persons or entities for the performance of ex-
perimental, developmental, or research work in 
the field of the claimed invention. 
‘‘(3) REASONABLE
AND
EFFECTIVE
ACCESSI-
BILITY REQUIREMENT.— 
‘‘(A) IN GENERAL.—Subject matter is pub-
licly known for the purposes of subsection 
(a)(1) only when— 
‘‘(i) it becomes reasonably and effec-
tively accessible through its use, sale, or 
disclosure by other means; or
‘‘(ii) it is embodied in or otherwise in-
herent in subject matter that has become 
reasonably and effectively accessible. 
‘‘(B) REASONABLE
AND
EFFECTIVE
AC-
CESSIBILITY.—For purposes of subparagraph 
(A)— 
‘‘(i) subject matter is reasonably ac-
cessible if persons of ordinary skill in the 
art to which the subject matter pertains 
are able to gain access to the subject mat-
ter by without resort to undue efforts; and 
‘‘(ii) subject matter is effectively ac-
cessible if persons of ordinary skill in the 
art to which the subject matter pertains 
are able to comprehend the content of the 
subject matter without resort to undue ef-
forts. 
‘‘(4) PATENTS AND PUBLISHED APPLICATIONS 
EFFECTIVELY FILED.—A patent or application for 
patent is effectively filed under subsection (a)(2) 
with respect to any subject matter described in the 
patent or application— 
‘‘(A) as of the filing date of the patent or 
the application for patent; or
‘‘(B) if the patent or application for patent 
is entitled to claim a right of priority under sec-
tion 119, 365(a), or 365(b) or to claim the ben-
efit of an earlier filing date under section 120, 
121, or 365(c), based upon one or more prior 
filed applications for patent, as of the filing 
date of the earliest such application that de-
scribes the subject matter.’’. 
(2) CONFORMING AMENDMENT.—The item re-
lating to section 102 in the table of sections for 
chapter 10 is amended to read as follows: 
‘‘102. Conditions for patentability; novelty.’’. 
(c) CONDITIONS FOR PATENTABILITY; NON-OBVIOUS 
SUBJECT MATTER.—Section 103 is amended— 
(1) by striking subsections (b) and (c); and 
(2) in subsection (a)— 
(A) by striking ‘‘(a) A patent may not be 
obtained through the invention’’ and inserting 
‘‘A patent for a claimed invention may not be 
obtained through the claimed invention’’; and 
(B) by striking ‘‘at the time the invention 
was made’’ and inserting ‘‘before the effective 
filing date of the claimed invention’’. 
(d) REPEAL OF REQUIREMENTS FOR INVENTIONS 
MADE ABROAD.—Section 104, and the item relating to
that section in the table of sections for chapter 10, are 
repealed. 
(e) REPEAL OF STATUTORY INVENTION REGISTRA-
TION.—Section 157, and the item relating to that section 
in the table of sections for chapter 14, are repealed. 
(f) EARLIER FILING DATE
FOR INVENTOR
AND 
JOINT INVENTOR.—Section 120 is amended by striking 
‘‘which is filed by an inventor or inventors named’’ and 
inserting ‘‘which names an inventor or joint inventor’’. 
(g) CONFORMING AMENDMENTS.— 
(1) RIGHT
OF
PRIORITY.—Section 172 is 
amended by striking ‘‘and the time specified in sec-
tion 102(d)’’. 
(2) 
LIMITATION
ON
REMEDIES.—Section 
287(c)(4) is amended by striking ‘‘the earliest effec-
tive filing date of which is prior to’’ and inserting 
‘‘which has an effective filing date before’’. 
(3) 
INTERNATIONAL
APPLICATION
DESIG-
NATING
THE
UNITED
STATES: EFFECT.—Section 
363 is amended by striking ‘‘except as otherwise 
provided in section 102(e) of this title’’. 
(4) PUBLICATION OF INTERNATIONAL APPLICA-
TION: EFFECT.—Section 374 is amended by striking 
‘‘sections 102(e) and 154(d)’’ and inserting ‘‘section 
154(d)’’.
(5) PATENT ISSUED ON INTERNATIONAL APPLI-
CATION: EFFECT.—The second sentence of section 
375(a) is amended by striking ‘‘Subject to section 
102(e) of this title, such’’ and inserting ‘‘Such’’. 
(6) LIMIT
ON
RIGHT
OF
PRIORITY.—Section 
119(a) is amended by striking ‘‘; but no patent shall 
be granted’’ and all that follows through ‘‘one year 
prior to such filing’’. 
(7) INVENTIONS MADE WITH FEDERAL ASSIST-
ANCE.—Section 202(c) is amended— 
(A) in paragraph (2)— 
(i) by striking ‘‘publication, on sale, 
or public use,’’ and all that follows through 
‘‘obtained in the United States’’ and in-
serting ‘‘the 1-year period referred to in 
section 102(a) would end before the end of 
such 2-year period’’; and 
(ii) by striking ‘‘the statutory’’ and 
inserting ‘‘the 1-year’’; and 
(B) in paragraph (3), by striking ‘‘any 
statutory bar date that may occur under this 
title due to publication, on sale, or public use’’ 
and inserting ‘‘the expiration of the 1-year pe-
riod referred to in section 102(a)’’.
(h) REPEAL OF INTERFERING PATENT REMEDIES.— 
Section 291, and the item relating to that section in the 
table of sections for chapter 29, are repealed. 
(i) INVENTOR’S RIGHTS CONTESTS.—Section 135(a) 
is amended to read as follows: 
‘‘(a) DISPUTE OVER RIGHT TO PATENT.— 
‘‘(1) INSTITUTION OF INVENTOR’S RIGHTS CON-
TEST.—Whenever patents or applications for patent 
naming different individuals as the inventor are 
deemed by the Director to interfere because of a dis-
pute over the right to patent under section 101, the 
Director shall institute an inventor’s rights contest 
for the purpose of determining the right to patent. 
‘‘(2) DETERMINATION BY BOARD OF PATENT 
APPEALS.—The Board of Patent Appeals— 
‘‘(A) shall determine the question of the 
right to patent; 
‘‘(B) in appropriate circumstances, may 
correct the naming of the inventor in any appli-
cation or patent at issue; and 
‘‘(C) shall issue a final decision on the 
right to patent. 
‘‘(3) EFFECT OF FINAL DECISION.—The final 
decision of the Board of Patent Appeals under para-
graph (2), if adverse to the claim of an applicant,
shall constitute the final refusal by the Patent and 
Trademark Office on the claims involved. The Direc-
tor may issue a patent to an applicant who is ad-
judged to have the right to patent. The final decision 
of the Board, if adverse to a patentee, shall, if no 
appeal or other review of the decision has been or 
can be taken or had, constitute cancellation of the 
claims involved in the patent, and notice of such 
cancellation shall be endorsed on copies of the patent 
distributed after such cancellation by the Patent and 
Trademark Office.’’. 
(j) BOARD OF PATENT APPEALS.— 
(1) ELIMINATION OF REFERENCES TO INTER-
FERENCES.—(A) Sections 6, 41, 134, 141, 145, 
146, 154, 305, and 314 are each amended by strik-
ing ‘‘Board of Patent Appeals and Interferences’’ 
each place it appears and inserting ‘‘Board of Pat-
ent Appeals’’. 
(B) Sections 135, 141, 146, and 154 are each 
amended by striking ‘‘interference’’ each place it ap-
pears and inserting ‘‘inventor’s rights contest’’. 
(C) The section heading for section 6 is amend-
ed to read as follows:
‘‘§ 6. Board of Patent Appeals’’. 
(D) The section heading for section 134 is 
amended to read as follows: 
‘‘§ 134. Appeal to the Board of Patent Appeals’’. 
(E) The section heading for section 135 is 
amended to read as follows: 
‘‘§ 135. Inventor’s rights contests’’. 
(F) The section heading for section 146 is 
amended to read as follows: 
‘‘§ 146. Civil action in case of inventor’s rights con-
test’’. 
(G) Section 154(b)(1)(C) is amended by strik-
ing ‘‘interferences’’ and inserting ‘‘inventor’s rights 
contests’’. 
(H) The item relating to section 6 in the table 
of sections for chapter 1 is amended to read as fol-
lows:
‘‘6. Board of Patent Appeals.’’.
(I) The items relating to sections 134 and 135 
in the table of sections for chapter 12 are amended 
to read as follows:
‘‘134. Appeal to the Board of Patent Appeals. 
‘‘135. Inventor’s rights contests.’’.
(J) The item relating to section 146 in the 
table of sections for chapter 13 is amended to read 
as follows:
‘‘146. Civil action in case of inventor’s rights contest.’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 135(c) is amended— 
(A) by striking ‘‘(c) Any’’ and inserting 
‘‘(c)(1) Any’’; 
(B) in the second paragraph, by striking 
‘‘The Director’’ and inserting ‘‘(2) The Direc-
tor’’; and 
(C) in the third paragraph, by striking 
‘‘Any discretionary’’ and inserting ‘‘(3) Any dis-
cretionary’’. 
SEC. 4. RIGHT TO A PATENT. 
(a) RIGHT TO PATENT.— 
(1) IN GENERAL.—Section 101 is amended to 
read as follows: 
‘‘§ 101. Right to patent; subject matter eligible for 
patenting 
‘‘The inventor of any new and useful process, ma-
chine, manufacture, or composition of matter, or any new 
and useful improvement thereof, has the right to apply 
for and to obtain a patent therefor, subject to the condi-
tions and requirements of this title.’’. 
(2) CONFORMING AMENDMENT.—The item re-
lating to section 101 in the table of sections for 
chapter 10 is amended to read as follows: 
‘‘101. Right to patent; subject matter eligible for patenting.’’.
(b) OATH OF APPLICANT.—Section 115 is amended 
to read as follows: 
‘‘§ 115. Oath of applicant 
‘‘The Director may require the applicant to make an 
oath setting forth particulars relating to the inventor and 
the invention.’’. 
(c) FILING BY OTHER THAN INVENTOR.—Section 
118 is amended to read as follows: 
‘‘§ 118. Filing by other than inventor 
‘‘A person to whom the inventor has assigned or is 
under an obligation to assign the invention may make an 
application for patent. A person who otherwise shows suf-
ficient proprietary interest in the matter may make an ap-
plication for patent on behalf of and as agent for the in-
ventor on proof of the pertinent facts and a showing that 
such action is appropriate to preserve the rights of the 
parties. If the Director grants a patent on an application 
filed under this section by a person other than the inven-
tor, the patent shall be granted to the real party in inter-
est and upon such notice to the inventor as the Director 
considers to be sufficient.’’. 
(d) SPECIFICATION.—Section 112 is amended— 
(1) in the first paragraph—
(A) by striking ‘‘The specification’’ and in-
serting ‘‘(a) IN GENERAL.—The specification’’; 
and 
(B) by striking ‘‘, and shall set forth the 
best mode contemplated by the inventor of car-
rying out his invention’’; 
(2) in the second paragraph— 
(A) by striking ‘‘The specifications’’ and 
inserting ‘‘(b) CONCLUSION.—The specifica-
tion’’; and 
(B) by striking ‘‘applicant regards as his 
invention’’ and inserting ‘‘inventor or a joint in-
ventor regards as the invention’’; 
(3) in the third paragraph, by striking ‘‘A 
claim’’ and inserting ‘‘(c) FORM.—A claim’’; 
(4) in the fourth paragraph, by striking ‘‘Sub-
ject to the following paragraph,’’ and inserting ‘‘(d) 
REFERENCE
IN DEPENDENT FORMS.—Subject to 
subsection (e),’’; 
(5) in the fifth paragraph, by striking ‘‘A 
claim’’ and inserting ‘‘(e) REFERENCE IN MULTIPLE 
DEPENDENT FORM.—A claim’’; and 
(6) in the last paragraph, by striking ‘‘An ele-
ment’’ and inserting ‘‘(f) ELEMENT IN CLAIM FOR 
A COMBINATION.—An element’’.
SEC. 5. DUTY OF CANDOR. 
(a) IN GENERAL.—Chapter 12 of title 35, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 136. Duty of candor: patents and applications for 
patent 
‘‘(a) DUTY.—The Director shall by regulation impose 
a duty of candor and good faith on individuals associated 
with the filing and prosecution of an application for patent 
and on individuals assisting a patent owner in proceedings 
before the Office involving a patent. The duty shall require 
each such individual to timely disclose information known 
to that individual to be material to any issue before the 
Office in connection with the application or patent, and 
to not materially misrepresent information. The duty may 
further address the types of information for which disclo-
sure is required and the standards upon which a finding 
of misrepresentation or concealment on the part of such 
individuals could be based. Any allegation of any type of 
violation of the duty of candor and good faith under this 
subsection shall be governed exclusively by this chapter. 
‘‘(b) VIOLATION.—Any individual who is subject to 
the duty of candor and good faith under subsection (a) 
and who, with the intent to deceive or mislead, knowingly 
fails to disclose material information or knowingly and 
materially misrepresents information has engaged in mis-
conduct under this section, if the Director or a court under 
subsection (d), as the case may be, finds, by clear and 
convincing evidence, that— 
‘‘(1) the individual failed to disclose information 
or misrepresented information; 
‘‘(2) the information not disclosed was material 
or, in the case of a misrepresentation, the misrepre-
sentation was material; 
‘‘(3) the individual had knowledge of the mate-
riality of the information not disclosed or, in the 
case of a misrepresentation, of the misrepresentation 
and materiality of the misrepresentation; and 
‘‘(4) the individual had the intent to deceive or 
mislead. 
‘‘(c) ADJUDICATION BY THE OFFICE.— 
‘‘(1) OTHER FORA PRECLUDED.—No court or 
Federal department or agency other than the Office, 
and no other Federal or State governmental entity, 
may investigate or make a determination or an adju-
dication with respect to an alleged violation of the 
duty of candor and good faith under subsection (a) 
or with respect to an alleged fraud, inequitable con-
duct, or other misconduct in any proceeding before 
the Office involving a patent or in connection with
the filing or examination of an application for pat-
ent, except as expressly permitted in this section. 
‘‘(2) EXCEPTION REGARDING PENDING APPLI-
CATIONS.—Nothing in this subsection shall limit the 
authority of the Director to enforce regulations con-
cerning pending applications for patent, including 
regulations relating to misconduct. 
‘‘(3) LIMITATION ON DEFENSES TO ENFORCE-
MENT OF PATENT.— No defense of invalidity of a 
patent or other defense to the enforcement of a pat-
ent may be based in whole or in part upon a viola-
tion of the duty of candor and good faith under sub-
section (a) or on any fraud, inequitable conduct, or 
other misconduct, except as expressly permitted in 
this section. 
‘‘(4) REFERRAL BY COURT.—In any matter be-
fore a court involving an issue of validity or infringe-
ment of a patent, if the court determines that an 
issue of possible misconduct under subsection (b) ex-
ists, the court shall refer the matter to the Office for 
investigation and sanctions under this section. If 
such referral is made, the matter shall be resolved 
as provided in this section. 
‘‘(d) UNENFORCEABILITY ACTION.—
‘‘(1) IN GENERAL.—A patent may be held un-
enforceable if a court determines, pursuant to a 
pleading permitted under paragraph (2), that— 
‘‘(A) misconduct under subsection (b) has 
occurred and constitutes fraud by reason of re-
liance by the Office on the misconduct which 
has resulted in the issuance of, or a certificate 
affirming patentability of, one or more invalid 
claims in a patent; and 
‘‘(B) the fraud is attributable to the patent 
owner. 
‘‘(2) REQUIRED
MOTION
TO
PLEAD
UNEN-
FORCEABILITY.—The defense of unenforceability de-
scribed in paragraph (1) may be pled in an action 
before a court only upon a motion to amend the 
pleadings in the action. The court shall not grant 
the motion unless— 
‘‘(A) the validity of one or more claims in 
the patent is at issue in the action; 
‘‘(B) the court has previously entered a 
judgment in the action that a claim in the pat-
ent is invalid; 
‘‘(C) the motion to amend the pleadings is 
brought by a party to the action adverse to the 
patent owner within 3 months after a judgment
is entered by the court invalidating the claim; 
and 
‘‘(D) the motion sets out with particularity 
a substantial basis for findings that— 
‘‘(i) because of the reliance of the Of-
fice on the misconduct, fraud took place in 
a proceeding before the Office involving the 
patent or in connection with the filing or 
examination of the application for patent, 
and as a result at least 1 claim in the pat-
ent invalidated in the action was issued as 
a result of the reliance on the misconduct; 
and 
‘‘(ii) the alleged fraud is attributable 
to the patent owner. 
‘‘(3) REQUIRED
FINDINGS
FOR
UNENFORCE-
ABILITY.— 
‘‘(A) LIABILITY OF PATENT OWNER.—In 
determining the unenforceability of a patent, no 
misconduct under subsection (b) by an indi-
vidual registered to practice before the Office 
and acting in a representative capacity before 
the Office in a proceeding before the Office in-
volving the patent or in connection with the fil-
ing or examination of the application for patent
shall be attributable to the patent owner unless 
the patent owner, or another individual who— 
‘‘(i) is subject to the duty of candor 
and good faith with respect to the patent, 
‘‘(ii) is not registered to practice be-
fore the Office, and 
‘‘(iii) was acting on the patent owner’s 
behalf, 
is determined to have violated the duty of can-
dor and good faith. 
‘‘(B) RELIANCE OF THE PATENT EXAM-
INER.—No misconduct may be determined to 
constitute fraud sufficient to support a finding 
that a patent is unenforceable without clear and 
convincing evidence of reliance of the Office on 
the 
alleged 
misconduct, 
resulting 
in 
the 
issuance of a claim invalidated by the court be-
cause a competent patent examiner either— 
‘‘(i) would not have issued the invali-
dated claim, acting reasonably, in the ab-
sence of the misconduct; or 
‘‘(ii) based upon the prosecution his-
tory as a whole objectively considered, 
would have done so based upon in whole or 
in part on account of the misconduct.
‘‘(e) INVESTIGATION OF MISCONDUCT.— 
‘‘(1) IN GENERAL.—The Director shall establish 
a special office with authority to investigate possible 
violations of the duty of candor and good faith, in-
cluding possible misconduct, in a proceeding before 
the Office involving a patent or in connection with 
the filing or examination of an application for pat-
ent, in cases in which such matters are referred to 
the Office for investigation under subsection (c)(4). 
The special office shall, following such referral, com-
mence an investigation into possible violations of the 
duty . After such an investigation is begun, any sub-
sequent decision to maintain the investigation or 
abandon the investigation may be made only by the 
Director, and such decision may not be appealed or 
reviewed. 
‘‘(2) PROCEDURES.— 
‘‘(A) SUBPOENAS.—During the period in 
which a misconduct investigation is conducted 
under paragraph (1), the matter shall be a con-
tested case in the Office and the Director may 
seek evidence or other information through sub-
poenas under section 24. 
‘‘(B) NOTICE; SUBJECT
PARTIES.—The 
Director shall provide written notice to the pat-
ent owner of the commencement of the inves-
tigation and may provide such written notice to 
persons who were owners of the patent or appli-
cation for patent (or persons to whom the pat-
ent or application for patent was subject to an 
obligation of assignment) at the time the con-
duct that is the subject of the investigation oc-
curred. Any person receiving written notice 
under this subparagraph shall be designated as 
a ‘subject party.’ The Director shall provide 
written notice under this subparagraph of an 
investigation before seeking any evidence under 
section 24, but otherwise at such time as the 
Director shall determine. Upon providing such 
written notice to the subject parties, the Direc-
tor shall publish a notice of the commencement 
of the investigation in the Federal Register. 
‘‘(C) OBTAINING
EVIDENCE.—Upon re-
quest of a subject party, the Director shall de-
termine the manner in which to allow a subject 
party to obtain evidence of potential relevance, 
including by authorizing the subject party to 
seek subpoenas under section 24. 
‘‘(D) 
PRELIMINARY
DETERMINATION.— 
The Director, at the earliest practicable time
after the date on which notice of the investiga-
tion is published under subparagraph (B), shall 
conclude the investigation and make a prelimi-
nary determination on the issues under inves-
tigation. The Director shall, within 45 days 
after an investigation is begun, establish a tar-
get date for rendering a preliminary determina-
tion. 
‘‘(E) CONSULTATION
WITH
OTHER
DE-
PARTMENTS
AND
AGENCIES.—During 
the 
course of each investigation under this section 
and section 137, the Director may consult with, 
seek advice and information from, and other-
wise obtain assistance from the Attorney Gen-
eral, the Federal Trade Commission, the Inter-
national Trade Commission, the Securities and 
Exchange Commission, and the heads of such 
other departments and agencies as the Director 
considers appropriate. 
‘‘(3) NOTICE OF DETERMINATION.— 
‘‘(A) IF NO MISCONDUCT FOUND.—If the 
Director determines in an investigation under 
paragraph (2) that there is no basis for con-
cluding that misconduct under subsection (b) 
has occurred, the Director shall provide written