United States · Bill · S
S. 438 (100th)
Intellectual Property Antitrust Protection Act of 1988
Introduced
3 February 1987
Last action
7 October 1988 · Referred
Status
Referred to Subcommittee on Monopolies and Commercial Law.
Sponsors
Sen. Leahy, Patrick J. [D-VT], Sen. Hatch, Orrin G. [R-UT], Sen. Thurmond, Strom [R-SC], Sen. Humphrey, Gordon J. [R-NH], Rep. Baucus, Max [D-MT-1], Sen. DeConcini, Dennis [D-AZ]
Subjects
Discovery layer
Source updated
10 August 2026
Summary
Intellectual Property Antitrust Protection Act of 1987 - Provides that agreements to convey rights to use, practice, or sublicense a patented invention, rights to use or sublicense a trade secret, or rights in a copyrighted work or mask work shall not be deemed to be illegal per se under the antitrust laws. Limits the amount a person may recover in an antitrust claim based on such an agreement to the actual damages sustained (total damage sustained in a State action), specified interest, and the cost of the action, including a reasonable attorney's fee.
This text is taken from the official record. PoliticalRepo does not editorialize.
Timeline
3 February 1987
Introduced
Read twice and referred to the Committee on Judiciary.
Source: IntroReferral
3 February 1987
Introduced
Introduced in Senate
Source: IntroReferral
6 April 1987
Referred
Referred to Subcommittee on Antitrust, Monopolies and Business.
Source: Committee
20 October 1987
Committee
Subcommittee on Technology and the Law. Hearings held jointly with the Subcommittee on Antitrust, Monopolies and Business Rights.
Source: Committee
3 August 1988
Reported
Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Source: Committee
25 August 1988
Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 914.
Source: Calendars
25 August 1988
Reported
Committee on Judiciary. Reported to Senate by Senator Byrd for Senator Biden under the authority of the order of Aug 11, 88 with an amendment in the nature of a substitute. With written report No. 100-492.
Source: Committee
25 August 1988
Reported
Committee on Judiciary. Reported to Senate by Senator Byrd for Senator Biden under the authority of the order of Aug 11, 88 with an amendment in the nature of a substitute. With written report No. 100-492.
Source: Committee
4 October 1988
Introduced
Referred to House Committee on The Judiciary.
Source: IntroReferral
4 October 1988
Passed
Passed Senate with an amendment by Voice Vote.
Source: Floor
4 October 1988
Passed
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
Source: Floor
7 October 1988
Referred
Referred to Subcommittee on Monopolies and Commercial Law.
Source: Committee
Votes
No vote records are attached yet.
Versions
No version snapshots stored. Document URLs remain at the source.
Documents
3 official files
Passed Senate amended
summary · EN · 4 October 1988
Reported to Senate with amendment(s)
summary · EN · 25 August 1988
Introduced in Senate
summary · EN · 3 February 1987
Sponsors
- Sen. Leahy, Patrick J. [D-VT] · D · Sponsor
- Sen. Hatch, Orrin G. [R-UT] · R · Sponsor
- Sen. Thurmond, Strom [R-SC] · R · Sponsor
- Sen. Humphrey, Gordon J. [R-NH] · R · Sponsor
- Rep. Baucus, Max [D-MT-1] · D · Cosponsor
- Sen. DeConcini, Dennis [D-AZ] · D · Cosponsor
- · hsju00 · Standing
- · ssju00 · Standing
Related records
No cross-record relationships stored yet.
Sources
PoliticalRepo is an index and interpretation layer, not the authoritative legal source.
- Official source: https://www.congress.gov/bill/100th-congress/senate-bill/438
- Open data entity: https://api.congress.gov/v3/bill/100/s/438
- us · 100-s-438 · source updated 10 August 2026