Process Patent Amendments Act of 1987

Summary

Title I: Process Patent Amendments Act of 1987 - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a process patented in the United States. Excludes products materially changed by subsequent processes or products which become a minor or nonessential component of another product. States that no modification of remedies is available to any person who practiced the patented process, is controlled by or controls the person who practiced the process, or who had knowledge before the infringement that a patented process was being used in violation of this Act. Requires an infringer to have actual knowledge of infringement or sufficient information as to the likelihood of infringement before remedies are available to the patent holder. Makes remedies contingent upon the good faith practiced by both parties, as well as the need to restore exclusive patent rights. Requires a party to show good faith by requesting or responding to a request for disclosure by a manufacturer of all process patents owned or licensed to such manufacturer at the time of the request which could reasonably be believed to be infringed if imported, used, or sold in the U.S. by an unauthorized party. Limits requests to persons regularly engaged or about to be regularly engaged in the business. Requires requests to be made before a notice of infringement and to include a representation that the requester will submit identified patents to the manufacturer or supplier to obtain a written statement that these patents are not being violated. Requires notices of infringement to specify the patent allegedly infringed and the reasons why such infringement is suspected. Places the burden of proof in an infringement action to show that product was not produced by the patented process on the defendant. Makes this provision effective prospectively only, except where a specific product is already in substantial and continuous sale or use by a person in the U.S. or for which substantial preparation has been made, by May 15, 1987, to the extent equitable. Directs the Secretary of Commerce to report annually to the Congress for five years on the effect of this provision on the importation of manufacturing ingredients in certain domestic industries. Title II: Patent Misuse Doctrine Reform - States that a patent owner's licensing practices cannot constitute patent misuse unless such practices violate the antitrust laws. Title III: Licensee Challenges to Patent Validity - States that a patentee cannot be estopped from challenging the validity of a patent to which it is licensed.

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2 official files

• Reported to Senate with amendment(s)

  summary · EN · 5 June 1987

  Open at official source

• Introduced in Senate

  summary · EN · 14 May 1987

  Open at official source

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