A bill to authorize appropriations for the Patent and Trademark Office in the Department of Commerce for fiscal year 1993, to provide that States are subject to suit for certain infringements of patents and plant variety protections, and infringements of trademarks, and for other purposes.

Summary

Title I: Patent and Trademark Office Authorization - Patent and Trademark Office Authorization Act of 1992 - Authorizes appropriations to the U.S. Patent and Trademark Office for FY 1993. Prohibits the Commissioner of Patents and Trademarks, during such period, from entering into any agreement for the exchange of items or services related to automatic data processing resources (including hardware, software, related services, and machine readable data). Exempts agreements entered into with a foreign government or an international intergovernmental organization relating to data for automation programs. Amends the Patent and Trademark Office Authorization Act of 1991 to extend a patent information dissemination program through October 1, 1993. Directs the Commissioner to submit a report to the Senate and House Judiciary Committees that: (1) compares fees for use of the international and national stages of the Patent Cooperation Treaty currently required by the Patent and Trademark Office, the European Patent Office, and the Japanese Patent Office; (2) estimates the average cost to the Patent and Trademark Office of providing such service and the corresponding service for national cases; and (3) describes the method by which the Office calculates fee levels for such services. Authorizes the Commissioner to accept the payment of any patent maintenance fee which is made within 24 months after the six-month grace period (currently, after the six-month grace period) if the delay was unintentional, or at any time. Permits the Commissioner to enter into agreements with the Technology Administration of the Department of Commerce to establish a program to evaluate patents in high technology fields for purposes of identifying industry trends, technological needs, and commercial applications. Authorizes appropriations. Title II: Patent and Plant Variety Protection Remedy Clarification - Patent and Plant Variety Protection Remedy Clarification Act - Amends Federal patent law and the Plant Variety Protection Act to provide that neither the States, their officers, nor their instrumentalities are immune from patent or plant variety protection infringement liability. Provides the same remedies against State entities as are available against any private entity. Title III: Trademark Remedy Clarification - Trademark Remedy Clarification Act - Amends the Trademark Act of 1946 to provide that neither the States, their officers, nor their instrumentalities are immune from trademark infringement liability. Provides the same remedies for trademark infringement against State entities as are available against any private entity.

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4 official files

• Referred in House (text)

  Referred in House · EN

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• Engrossed in Senate (text)

  Engrossed in Senate · EN

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• Considered and Passed Senate (text)

  Considered and Passed Senate · EN

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• Introduced in Senate

  summary · EN · 5 October 1992

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