Leahy-Smith America Invents Act
Section 20. Technical amendments

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A patent reform act passed by Congress on September 16, 2011.

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SEC. 20. TECHNICAL AMENDMENTS.

(a) JOINT INVENTIONS.--Section 116 of title 35, United States Code, is amended--

(1) in the first undesignated paragraph, by striking “When” and inserting “(a) JOINT INVENTIONS.--When”;

(2) in the second undesignated paragraph, by striking “If a joint inventor” and inserting “(b) OMITTED INVENTOR.--If a joint inventor”; and

(3) in the third undesignated paragraph--

(A) by striking “Whenever” and inserting “(c) CORRECTION OF ERRORS IN APPLICATION.--Whenever”; and

(B) by striking “and such error arose without any deceptive intention on his part,”.

(b) FILING OF APPLICATION IN FOREIGN COUNTRY.--Section 184 of title 35, United States Code, is amended--

(1) in the first undesignated paragraph--

(A) by striking “Except when” and inserting “(a) FILING IN FOREIGN COUNTRY.--Except when”; and

(B) by striking “and without deceptive intent”;

(2) in the second undesignated paragraph, by striking “The term” and inserting “(b) APPLICATION.--The term”; and

(3) in the third undesignated paragraph, by striking “The scope” and inserting “(c) SUBSEQUENT MODIFICATIONS, AMENDMENTS, AND SUPPLEMENTS.--The scope”.

(c) FILING WITHOUT A LICENSE.--Section 185 of title 35, United States Code, is amended by striking “and without deceptive intent”.

(d) REISSUE OF DEFECTIVE PATENTS.--Section 251 of title 35, United States Code, is amended--

(1) in the first undesignated paragraph--

(A) by striking “Whenever” and inserting “(a) IN GENERAL.--Whenever”; and

(B) by striking “without any deceptive intention”;

(2) in the second undesignated paragraph, by striking “The Director” and inserting “(b) MULTIPLE REISSUED PATENTS.--The Director”;

(3) in the third undesignated paragraph, by striking “The provisions” and inserting “(c) APPLICABILITY OF THIS TITLE.--The provisions”; and

(4) in the last undesignated paragraph, by striking “No reissued patent” and inserting “(d) REISSUE PATENT ENLARGING SCOPE OF CLAIMS.--No reissued patent”.

(e) EFFECT OF REISSUE.--Section 253 of title 35, United States Code, is amended--

(1) in the first undesignated paragraph, by striking “Whenever, without any deceptive intention,” and inserting “(a) IN GENERAL.--Whenever”; and

(2) in the second undesignated paragraph, by striking “In like manner” and inserting “(b) ADDITIONAL DISCLAIMER OR DEDICATION.--In the manner set forth in subsection (a),”.

(f) CORRECTION OF NAMED INVENTOR.--Section 256 of title 35, United States Code, is amended--

(1) in the first undesignated paragraph--

(A) by striking “Whenever” and inserting “(a) CORRECTION.--Whenever”; and

(B) by striking “and such error arose without any deceptive intention on his part”; and

(2) in the second undesignated paragraph, by striking “The error” and inserting “(b) PATENT VALID IF ERROR CORRECTED.--The error”.

(g) PRESUMPTION OF VALIDITY.--Section 282 of title 35, United States Code, is amended--

(1) in the first undesignated paragraph--

(A) by striking “A patent” and inserting “(a) IN GENERAL.--A patent”; and

(B) by striking the third sentence;

(2) in the second undesignated paragraph--

(A) by striking “The following” and inserting “(b) DEFENSES.--The following”;

(B) in paragraph (1), by striking “uneforceability,” and inserting “unenforceability.”; and

(C) in paragraph (2), by striking “patentability,” and inserting “patentability.” ; and

(3) in the third undesignated paragraph--

(A) by striking “In actions involving the validity or infringement of a patent” and inserting “(c) NOTICE OF ACTIONS; ACTIONS DURING EXTENSION OF PATENT TERM.--In an action involving the validity or infringement of a patent”; and

(B) by striking “Claims Court” and inserting “Court of Federal Claims”.

(h) ACTION FOR INFRINGEMENT.--Section 288 of title 35, United States Code, is amended by striking “, without deceptive intention,”.

(i) REVISER'S NOTES.--

(1) Section 3(e)(2) of title 35, United States Code, is amended by striking “this Act,” and inserting “that Act,”.

(2) Section 202 of title 35, United States Code, is amended--

(A) in subsection (b)(3), by striking “the section 203(b)” and inserting “section 203(b)”; and

(B) in subsection (c)(7)(D), by striking “except where it proves” and all that follows through “small business firms; and” and inserting: “except where it is determined to be infeasible following a reasonable inquiry, a preference in the licensing of subject inventions shall be given to small business firms; and”.

(3) Section 209(d)(1) of title 35, United States Code, is amended by striking “nontransferrable” and inserting “nontransferable”.

(4) Section 287(c)(2)(G) of title 35, United States Code, is amended by striking “any state” and inserting “any State”.

(5) Section 371(b) of title 35, United States Code, is amended by striking “of the treaty” and inserting “of the treaty.”.

(j) UNNECESSARY REFERENCES.--

(1) IN GENERAL.--Title 35, United States Code, is amended by striking “of this title” each place that term appears.

(2) EXCEPTION.--The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code:

(A) Section 1(c).

(B) Section 101.

(C) Subsections (a) and (b) of section 105.

(D) The first instance of the use of such term in section 111(b)(8).

(E) Section 161.

(F) Section 164.

(G) Section 171.

(H) Section 251(c), as so designated by this section.

(I) Section 261.

(J) Subsections (g) and (h) of section 271.

(K) Section 287(b)(1).

(L) Section 289.

(M) The first instance of the use of such term in section 375(a).

(k) ADDITIONAL TECHNICAL AMENDMENTS.--Sections 155 and 155A of title 35, United States Code, and the items relating to those sections in the table of sections for chapter 14 of such title, are repealed.

(l) EFFECTIVE DATE.--The amendments made by this section shall take effect upon the expiration of the 1–year period beginning on the date of the enactment of this Act and shall apply to proceedings commenced on or after that effective date.