End Anonymous Patents Act

Bill: 113-hr-2024
Sponsor: full_name: Rep. Deutch, Theodore E. [D-FL-21]
Introduced: 2013-05-16
Policy area: Commerce
Subjects: Administrative law and regulatory procedures

Business records

Department of Commerce

Government information and archives

Intellectual property
Latest action: action_date: 2013-06-14
text: Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Summaries:
action_date: 2013-05-16
action_desc: Introduced in House
text: <p>End Anonymous Patents Act - Requires entities issued a patent to file with the U.S. Patent and Trademark Office (USPTO) a disclosure of the identity of the patent owner and any real parties in interest. Directs patent owners to also make such disclosures to the USPTO upon the payment of maintenance fees.</p> <p>Requires an entity to which a patent, patent application, or interest is sold, granted, or conveyed to file with the USPTO a disclosure of the sale, grant, or conveyance, and any real party in interest in the patent, application, or interest. </p> <p>Specifies that &quot;real parties in interest&quot; include: (1) any entity that has the legal right to enforce the patent through an infringement action, (2) any ultimate parent entity (not controlled by any other entity) of such an entity, and (3) any entity that has a controlling interest in the enforcement of the patent. </p> <p>Limits the damages available in a patent infringement action by an entity that fails to comply with the requirements of this Act to only those damages occurring from the date on which the requirements are met. </p>

tv_txt: I 113th CONGRESS 1st Session H. R. 2024 IN THE HOUSE OF REPRESENTATIVES May 16, 2013 Mr. Deutch introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 35, United States Code, to require disclosure of ownership and transfers of ownership of patents, and for other purposes.

1. Short title This Act may be cited as the End Anonymous Patents Act . 2. Disclosure of ownership of patents (a) Disclosure of ownership of patents Section 261 of title 35, United States Code, is amended— (1) in the first paragraph, by striking Subject and inserting (a) Personal property.— Subject ; (2) in the second paragraph, by striking Applications and inserting (b) Assignment.— Applications ; (3) in the third paragraph, by striking A certificate and inserting (c) Evidence of execution of transfer.— A certificate ; (4) In the fourth paragraph, by striking An assignment and inserting (d) Notice or recordation required.— An assignment ; and (5) by adding at the end the following: (e) Disclosures of ownership (1) New patents Upon the issuance of a patent under this title, the entity to which the patent is issued shall file with the Office a disclosure of the owner of the patent and any real party in interest in the patent. (2) Payment of maintenance fees Upon the payment of the maintenance fee required under section 41(b), the owner of the patent shall file with the Office a disclosure of the identity of the owner of the patent and any real party in interest in the patent. (3) Notice of transfer of ownership Whenever any patent, any application for patent, or any interest therein, is sold, granted, or conveyed, the entity to which the patent, application, or interest is sold, granted, or conveyed shall, within 90 days after the date of the sale, grant, or conveyance, file with the Office a disclosure of the sale, grant, or conveyance, and any real party in interest in the patent, application, or interest. (4) Form and manner of disclosures The Director shall prescribe by regulation the form and manner in which disclosures are to be made under paragraphs (1), (2), and (3). The Director shall include, among the real parties in interest, for purposes of such disclosures— (A) any entity that has the legal right to enforce the patent through an infringement action; (B) any ultimate parent entity of an entity described in subparagraph (A); and (C) any entity that has a controlling interest in the enforcement of the patent, including any ultimate parent entity not included under subparagraph (A) or (B). (5) Limitation on damages Any entity that fails to comply with any of the requirements under this subsection with respect to a patent or application for patent may, in any action brought by the person or entity for infringement of the patent, only collect damages from the date on which such requirement is met. The Director shall by regulation specify what constitutes noncompliance for purposes of this paragraph. (6) Definition In this subsection, the term ultimate parent entity means an entity that is not controlled by any other entity. . (b) Effective date The amendments made by this section shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act.