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Created page with "Return to Patent Reform '''H.R.1896: Demand Letter Transparency Act of 2015''' [https://www.congress.gov/bill/114th-congress/house-bill/1896 (Congress)] The bill was int..."
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'''H.R.18321896: Innovation Protection Demand Letter Transparency Act (of 2015)''' [https://www.congress.gov/bill/114th-congress/house-bill/1832 1896 (Congress)]
The Innovation Protection Act bill was introduced on April 16, 2015, by Representative John Conyers, Jr. (D-MI) Republican Senator Jared Polis from Colorado and referred assigned to the House Judiciary Committee on . The full title of the Judiciary. On May 15bill is "To amend chapter 26 of title 35, 2016United States Code, to require the bill was referred disclosure of information related to the Subcommittee on Courts, Intellectual Propertypatent ownership, and the Internetfor other purposes."
GovTrack predicts that the Innovation Protection Demand Letter Transparency Act has a 50% chance of being enacted. [https://www.govtrackThe latest action on the bill was in May of 2015 when it was referred to the Subcommittee on Courts, Intellectual Property, and the Internet.us/congress/bills/114/hr1832 (GovTrack)]
==Summary==
The Innovation Protection Act would establish Requires any entity that sends a [[United States Patent and Trademark Office]] Public Enterprise Fund in the Treasury specified number of demand letters during any 365-day period to submit to be used as a "revolving fund by the Director of the U.S. Patent and Trademark Office (USPTO) without fiscal year limitation." It would replace the Patent and Trademark Office Appropriations Account, eliminate with respect to each patent that was the Patent and Trademark Fee Reserve Fund established by the America Invents Actsubject in each letter, and provide a permanent source of funding for the USPTO. The act would also require that all of the fees collected by the PTO remain available to the PTO until they are spent.disclosure identifying:
Under H.R. 1832*the patent, including a confirmation that the entity that sent the letter is the owner of the patent and is the last recorded entity in USPTO would still be required to submit an annual budget to the Presidentrecords for purposes of assignment, an annual report and operation plan to Congressgrant, and an annual spending plan or conveyance;*the entity that has the right to license the Committee on Appropriations of patent or the House name of Representatives and the Committee on Appropriations of exclusive licensee;*each entity asserting a claim with regard to the Senate. The act allows patent;*each obligation to license the USPTO to keep patent and spend all the financial terms at which such patent has been licensed;*the ultimate parent entity of such entity;*the fees it collects, even those in excess number of recipients of current fiscal year projection. However, the USPTO retains its obligation letter;*any case that has been filed by such entity relating to submit spending reports such patent; and budgets*any ex parte review or inter partes review of such patent.
H.R. 1832 The bill defines "demand letter" as any written communication directed to an unaffiliated third party stating or indicating that the intended recipient, or anyone affiliated with that recipient, is or may be infringing a reintroduction patent, or may bear liability or owe compensation to another because of Hsuch patent.R. 3349 (2013) [https://www.govtrack.us/congress/bills/113/hr3349]The act also authorizes a court, the Innovation Protection Act in a patent infringement or validity action brought by an entity that Rep. Conyers proposed on 10/28/2013. H.R. 3349 was referred does not meet such USPTO disclosure requirements, to sanction such entity for an amount to be awarded to the House Committee on the Judiciary and subsequently died in committeeadverse party to cover any costs incurred as a result of such violation. The 2013 Innovation Protection Act had 16 cosponsors act exempts from such disclosure requirements: (1) original or joint inventors, (10 Democrats 2) institutions of higher education, and 6 Republicans(3)technology transfer organizations facilitating the commercialization of technology developed by institutions of higher education. The act directs the USPTO to establish a publicly accessible and searchable database of the information obtained pursuant to such disclosures.
H.R. 1832 currently has 22 cosponsors (18 Democrats and 4 Republicans). Govtrack gives the bill a 5% chance of being enacted.[httpsThe act requires any demand letter sent to another entity to include specified information concerning://www.govtrack.us/congress/bills/114/hr1832] The legislation is currently in the House Judiciary Committee.
Sheila Jackson Lee (D*each claim of each patent allegedly infringed, including each accused instrumentality;*each party alleging infringement;*the direct infringement for each claim alleged to have been infringed indirectly;*the principal business of the party alleging infringement;*each complaint filed that asserts or asserted any of the same patents, each case filed by such entity, and any ex parte or inter partes review for each patent;*whether the patent is subject to any licensing term or pricing commitments;*owners, co-TX18) is owners, assignees, or exclusive licensees of the patent;*any person who has a legal right to enforce the patent;*any person with a cosponsor for direct financial interest in the outcome of the action; and*how the recipient can access the HUSPTO demand letter database.R*Permits a recipient of a demand letter to file a petition with the USPTO if it believes that disclosure or patent letter information requirements have not been met. 1832Directs the USPTO, and was if it determines that a *requirement has not been met, to notify the patent owner that the patent will be voided unless a cosponsor for Hfee is paid.R. 3349 (2013) Requires the USPTO to consider good faith mistakes in the determination of whether to void a patent[[httpscategory://www.govtrack.us/congress/bills/114/hr1832internal]]

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