SEC. 3001. SHORT TITLE; REFERENCES.
(a) SHORT TITLE- This title may be cited as the `Anticybersquatting Consumer Protection Act'.
(b) REFERENCES TO THE TRADEMARK ACT OF 1946- Any reference in this title to the Trademark Act of 1946 shall be a reference to the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 (15 U.S.C. 1051 et seq.).
SEC. 3002. CYBERPIRACY PREVENTION.
(a) IN GENERAL- Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) is amended by inserting at the end the following:
`(d)(1)(A) A person shall be liable in a civil action by the owner of a mark, including a personal name which is protected as a mark under this section, if, without regard to the goods or services of the parties, that person--
`(i) has a bad faith intent to profit from that mark, including a personal name which is protected as a mark under this section; and
`(ii) registers, traffics in, or uses a domain name that--
`(I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;
`(II) in the case of a famous mark that is famous at the time of registration
of the domain name, is identical or confusingly similar to or dilutive
of that mark; or
`(III) is a trademark, word, or name protected by reason of section 706
of title 18, United States Code, or section 220506 of title 36, United
States Code.
`(B)(i) In determining whether a person has
a bad faith intent described under subparagraph (A), a court may consider
factors such as, but not limited to--
`(I) the trademark
or other intellectual property rights of the person, if any, in the domain
name;
`(II) the extent
to which the domain name consists of the legal name of the person or a
name that is otherwise commonly used to identify that person;
`(III) the person's
prior use, if any, of the domain name in connection with the bona fide
offering of any goods or services;
`(IV) the person's
bona fide noncommercial or fair use of the mark in a site accessible under
the domain name;
`(V) the person's
intent to divert consumers from the mark owner's online location to a site
accessible under the domain name that could harm the goodwill represented
by the mark, either for commercial gain or with the intent to tarnish or
disparage the mark, by creating a likelihood of confusion as to the source,
sponsorship, affiliation, or endorsement of the site;
`(VI) the person's
offer to transfer, sell, or otherwise assign the domain name to the mark
owner or any third party for financial gain without having used, or having
an intent to use, the domain name in the bona fide offering of any goods
or services, or the person's prior conduct indicating a pattern of such
conduct;
`(VII) the person's
provision of material and misleading false contact information when applying
for the registration of the domain name, the person's intentional failure
to maintain accurate contact information, or the person's prior conduct
indicating a pattern of such conduct;
`(VIII) the
person's registration or acquisition of multiple domain names which the
person knows are identical or confusingly similar to marks of others that
are distinctive at the time of registration of such domain names, or dilutive
of famous marks of others that are famous at the time of registration of
such domain names, without regard to the goods or services of the parties;
and
`(IX) the extent
to which the mark incorporated in the person's domain name registration
is or is not distinctive and famous within the meaning of subsection (c)(1)
of section 43.
`(ii) Bad faith intent described under subparagraph (A) shall not be found in any case in which the court determines that the person believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful.
`(C) In any civil action involving the registration, trafficking, or use of a domain name under this paragraph, a court may order the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark.
`(D) A person shall be liable for using a domain name under subparagraph (A) only if that person is the domain name registrant or that registrant's authorized licensee.
`(E) As used in this paragraph, the term `traffics in' refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, and any other transfer for consideration or receipt in exchange for consideration.
`(2)(A) The owner of a mark may file an in
rem civil action against a domain name in the judicial district in which
the domain name registrar, domain name registry, or other domain name authority
that registered or assigned the domain name is located if--
`(i) the domain
name violates any right of the owner of a mark registered in the Patent
and Trademark Office, or protected under subsection (a) or (c); and
`(ii) the court
finds that the owner--
`(I) is not able to obtain in personam jurisdiction over a person who would
have been a defendant in a civil action under paragraph (1); or
`(II) through due diligence was not able to find a person who would have
been a defendant in a civil action under paragraph (1) by--
`(aa) sending a notice of the alleged violation and intent to proceed under
this paragraph to the registrant of the domain name at the postal and e-mail
address provided by the registrant to the registrar; and
`(bb) publishing notice of the action as the court may direct promptly
after filing the action.
`(B) The actions under subparagraph (A)(ii) shall constitute service of process.
`(C) In an in rem action under this paragraph,
a domain name shall be deemed to have its situs in the judicial district
in which--
`(i) the domain
name registrar, registry, or other domain name authority that registered
or assigned the domain name is located; or
`(ii) documents
sufficient to establish control and authority regarding the disposition
of the registration and use of the domain name are deposited with the court.
`(D)(i) The remedies in an in rem action under
this paragraph shall be limited to a court order for the forfeiture or
cancellation of the domain name or the transfer of the domain name to the
owner of the mark. Upon receipt of written notification of a filed, stamped
copy of a complaint filed by the owner of a mark in a United States district
court under this paragraph, the domain name registrar, domain name registry,
or other domain name authority shall--
`(I) expeditiously
deposit with the court documents sufficient to establish the court's control
and authority regarding the disposition of the registration and use of
the domain name to the court; and
`(II) not transfer,
suspend, or otherwise modify the domain name during the pendency of the
action, except upon order of the court.
`(ii) The domain name registrar or registry
or other domain name authority shall not be liable for injunctive or monetary
relief under this paragraph except in the case of bad faith or reckless
disregard, which includes a willful failure to comply with any such court
order.
`(3) The civil action established under paragraph (1) and the in rem action established under paragraph (2), and any remedy available under either such action, shall be in addition to any other civil action or remedy otherwise applicable.
`(4) The in rem jurisdiction established under paragraph (2) shall be in addition to any other jurisdiction that otherwise exists, whether in rem or in personam.'.
(b) CYBERPIRACY PROTECTIONS FOR INDIVIDUALS-
(1) IN GENERAL-
(A) CIVIL LIABILITY- Any person who registers a domain name that consists
of the name of another living person, or a name substantially and confusingly
similar thereto, without that person's consent, with the specific intent
to profit from such name by selling the domain name for financial gain
to that person or any third party, shall be liable in a civil action by
such person.
(B) EXCEPTION- A person who in good faith registers a domain name consisting
of the name of another living person, or a name substantially and confusingly
similar thereto, shall not be liable under this paragraph if such name
is used in, affiliated with, or related to a work of authorship protected
under title 17, United States Code, including a work made for hire as defined
in section 101 of title 17, United States Code, and if the person registering
the domain name is the copyright owner or licensee of the work, the person
intends to sell the domain name in conjunction with the lawful exploitation
of the work, and such registration is not prohibited by a contract between
the registrant and the named person. The exception under this subparagraph
shall apply only to a civil action brought under paragraph (1) and shall
in no manner limit the protections afforded under the Trademark Act of
1946
(15 U.S.C. 1051 et seq.) or other provision of Federal or State law.
(2) REMEDIES-
In any civil action brought under paragraph (1), a court may award injunctive
relief, including the forfeiture or cancellation of the domain name or
the transfer of the domain name to the plaintiff. The court may also, in
its discretion, award costs and attorneys fees to the prevailing party.
(3) DEFINITION-
In this subsection, the term `domain name' has the meaning given that term
in section 45 of the Trademark Act of 1946 (15 U.S.C. 1127).
(4) EFFECTIVE
DATE- This subsection shall apply to domain names registered on or after
the date of the enactment of this Act.
SEC. 3003. DAMAGES AND REMEDIES.
(a) REMEDIES IN CASES OF DOMAIN NAME PIRACY-
(1) INJUNCTIONS-
Section 34(a) of the Trademark Act of 1946 (15 U.S.C. 1116(a)) is amended
in the first sentence by striking `(a) or (c)' and inserting `(a), (c),
or (d)'.
(2) DAMAGES-
Section 35(a) of the Trademark Act of 1946 (15 U.S.C. 1117(a)) is amended
in the first sentence by inserting `, (c), or (d)' after `section 43(a)'.
(b) STATUTORY DAMAGES- Section 35 of the Trademark
Act of 1946 (15 U.S.C. 1117) is amended by adding at the end the following:
`(d) In a case involving a violation of section
43(d)(1), the plaintiff may elect, at any time before final judgment is
rendered by the trial court, to recover, instead of actual damages and
profits, an award of statutory damages in the amount of not less than $1,000
and not more than $100,000 per domain name, as the court considers just.
SEC. 3004. LIMITATION ON LIABILITY.
Section 32(2) of the Trademark Act of 1946
(15 U.S.C. 1114) is amended--
(1) in the matter
preceding subparagraph (A) by striking `under section 43(a)' and inserting
`under section 43(a) or (d)'; and
(2) by redesignating
subparagraph (D) as subparagraph (E) and inserting after subparagraph (C)
the following:
`(D)(i)(I) A
domain name registrar, a domain name registry, or other domain name registration
authority that takes any action described under clause (ii) affecting a
domain name shall not be liable for monetary relief or, except as provided
in subclause (II), for injunctive relief, to any person for such action,
regardless of whether the domain name is finally determined to infringe
or dilute the mark.
`(II) A domain
name registrar, domain name registry, or other domain name registration
authority described in subclause (I) may be subject to injunctive relief
only if such registrar, registry, or other registration authority has--
`(aa) not expeditiously deposited with a court, in which an action has
been filed regarding the disposition of the domain name, documents sufficient
for the court to establish the court's control and authority regarding
the disposition of the registration and use of the domain name;
`(bb) transferred, suspended, or otherwise modified the domain name during
the pendency of the action, except upon order of the court; or
`(cc) willfully failed to comply with any such court order.
`(ii) An action
referred to under clause (i)(I) is any action of refusing to register,
removing from registration, transferring, temporarily disabling, or permanently
canceling a domain name--
`(I) in compliance with a court order under section 43(d); or
`(II) in the implementation of a reasonable policy by such registrar, registry,
or authority prohibiting the registration of a domain name that is identical
to, confusingly similar to, or dilutive of another's mark.
`(iii) A domain
name registrar, a domain name registry, or other domain name registration
authority shall not be liable for damages under this section for the registration
or maintenance of a domain name for another absent a showing of bad faith
intent to profit from such registration or maintenance of the domain name.
`(iv) If a registrar,
registry, or other registration authority takes an action described under
clause (ii) based on a knowing and material misrepresentation by any other
person that a domain name is identical to, confusingly similar to, or dilutive
of a mark, the person making the knowing and material misrepresentation
shall be liable for any damages, including costs and attorney's fees, incurred
by the domain name registrant as a result of such action. The court may
also grant injunctive relief to the domain name registrant, including the
reactivation of the domain name or the transfer of the domain name to the
domain name registrant.
`(v) A domain
name registrant whose domain name has been suspended, disabled, or transferred
under a policy described under clause (ii)(II) may, upon notice to the
mark owner, file a civil action to establish that the registration or use
of the domain name by such registrant is not unlawful under this Act. The
court may grant injunctive relief to the domain name registrant, including
the reactivation of the domain name or transfer of the domain name to the
domain name registrant.'.
SEC. 3005. DEFINITIONS.
Section 45 of the Trademark Act of 1946 (15
U.S.C. 1127) is amended by inserting after the undesignated paragraph defining
the term `counterfeit' the following:
`The term `domain name' means any alphanumeric
designation which is registered with or assigned by any domain name registrar,
domain name registry, or other domain name registration authority as part
of an electronic address on the Internet.
`The term `Internet' has the meaning given
that term in section 230(f)(1) of the Communications Act of 1934 (47 U.S.C.
230(f)(1)).'.
SEC. 3006. STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS INVOLVING PERSONAL
NAMES.
(a) IN GENERAL- Not later than 180 days after
the date of the enactment of this Act, the Secretary of Commerce, in consultation
with the Patent and Trademark Office and the Federal Election Commission,
shall conduct a study and report to Congress with recommendations on guidelines
and procedures for resolving disputes involving the registration or use
by a person of a domain name that includes the personal name of another
person, in whole or in part, or a name confusingly similar thereto, including
consideration of and recommendations for--
(1) protecting
personal names from registration by another person as a second level domain
name for purposes of selling or otherwise transferring such domain name
to such other person or any third party for financial gain;
(2) protecting
individuals from bad faith uses of their personal names as second level
domain names by others with malicious intent to harm the reputation of
the individual or the goodwill associated with that individual's name;
(3) protecting
consumers from the registration and use of domain names that include personal
names in the second level domain in manners which are intended or are likely
to confuse or deceive the public as to the affiliation, connection, or
association of the domain name registrant, or a site accessible under the
domain name, with such other person, or as to the origin, sponsorship,
or approval of the goods, services, or commercial activities of the domain
name registrant;
(4) protecting
the public from registration of domain names that include the personal
names of government officials, official candidates, and potential official
candidates for Federal, State, or local political office in the United
States, and the use of such domain names in a manner that disrupts the
electoral process or the public's ability to access accurate and reliable
information regarding such individuals;
(5) existing
remedies, whether under State law or otherwise, and the extent to which
such remedies are sufficient to address the considerations described in
paragraphs (1) through (4); and
(6) the guidelines,
procedures, and policies of the Internet Corporation for Assigned Names
and Numbers and the extent to which they address the considerations described
in paragraphs (1) through (4).
(b) GUIDELINES AND PROCEDURES- The Secretary
of Commerce shall, under its Memorandum of Understanding with the Internet
Corporation for Assigned Names and Numbers, collaborate to develop guidelines
and procedures for resolving disputes involving the registration or use
by a person of a domain name that includes the personal name of another
person, in whole or in part, or a name confusingly similar thereto.
SEC. 3007. HISTORIC PRESERVATION.
Section 101(a)(1)(A) of the National Historic
Preservation Act (16 U.S.C. 470a(a)(1)(A)) is amended by adding at the
end the following: `Notwithstanding section 43(c) of the Act entitled `An
Act to provide for the registration and protection of trademarks used in
commerce, to carry out the provisions of certain international conventions,
and for other purposes', approved July 5, 1946 (commonly known as the `Trademark
Act of 1946' (15 U.S.C. 1125(c))), buildings and structures on or eligible
for inclusion on the National Register of Historic Places (either individually
or as part of a historic district), or designated as an individual landmark
or as a contributing building in a historic district by a unit of State
or local government, may retain the name historically associated with the
building or structure.'.
SEC. 3008. SAVINGS CLAUSE.
Nothing in this title shall affect any defense
available to a defendant under the Trademark Act of 1946 (including any
defense under section 43(c)(4) of such Act or relating to fair use) or
a person's right of free speech or expression under the first amendment
of the United States Constitution.
SEC. 3009. TECHNICAL AND CONFORMING AMENDMENTS.
Chapter 85 of title 28, United States Code,
is amended as follows:
(1) Section
1338 of title 28, United States Codes, is amended--
(A) in the section heading by striking `trade-marks' and inserting `trademarks';
(B) in subsection (a) by striking `trade-marks' and inserting `trademarks';
and
(C) in subsection (b) by striking `trade-mark' and inserting `trademark'.
(2) The item
relating to section 1338 in the table of sections for chapter 85 of title
28, United States Code, is amended by striking `trade-marks' and inserting
`trademarks'.
SEC. 3010. EFFECTIVE DATE.
Sections 3002(a), 3003, 3004, 3005, and 3008
of this title shall apply to all domain names registered before, on, or
after the date of the enactment of this Act, except that damages under
subsection (a) or (d) of section 35 of the Trademark Act of 1946 (15 U.S.C.
1117), as amended by section 3003 of this title, shall not be available
with respect to the registration, trafficking, or use of a domain
name that occurs before the date of the enactment of this Act.
================================================================================================
Contents of entire bill:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
Sec.1.Short title; table of contents.
Sec.1001.Short title.
Sec.1002.Limitations on exclusive rights;
secondary transmissions by satellite carriers within local markets.
Sec.1003.Extension of effect of amendments
to section 119 of title 17, United States Code.
Sec.1004.Computation of royalty fees for satellite
carriers.
Sec.1005.Distant signal eligibility for consumers.
Sec.1006.Public broadcasting service satellite
feed.
Sec.1007.Application of Federal Communications
Commission regulations.
Sec.1008.Rules for satellite carriers retransmitting
television broadcast signals.
Sec.1009.Retransmission consent.
Sec.1010.Severability.
Sec.1011.Technical amendments.
Sec.1012.Effective dates.
Sec.2001.Short title.
Sec.2002.Local television service in unserved
and underserved markets.
Sec.3001.Short title; references.
Sec.3002.Cyberpiracy prevention.
Sec.3003.Damages and remedies.
Sec.3004.Limitation on liability.
Sec.3005.Definitions.
Sec.3006.Study on abusive domain name registrations
involving personal names.
Sec.3007.Historic preservation.
Sec.3008.Savings clause.
Sec.3009.Technical and conforming amendments.
Sec.3010.Effective date.
Sec.4001.Short title.
Sec.4101.Short title.
Sec.4102.Integrity in invention promotion
services.
Sec.4103.Effective date.
Sec.4201.Short title.
Sec.4202.Adjustment of patent fees.
Sec.4203.Adjustment of trademark fees.
Sec.4204.Study on alternative fee structures.
Sec.4205.Patent and Trademark Office Funding.
Sec.4206.Effective date.
Sec.4301.Short title.
Sec.4302.Defense to patent infringement based
on earlier inventor.
Sec.4303.Effective date and applicability.
Sec.4401.Short title.
Sec.4402.Patent term guarantee authority.
Sec.4403.Continued examination of patent applications.
Sec.4404.Technical clarification.
Sec.4405.Effective date.
Sec.4501.Short title.
Sec.4502.Publication.
Sec.4503.Time for claiming benefit of earlier
filing date.
Sec.4504.Provisional rights.
Sec.4505.Prior art effect of published applications.
Sec.4506.Cost recovery for publication.
Sec.4507.Conforming amendments.
Sec.4508.Effective date.
Sec.4601.Short title.
Sec.4602.Ex parte reexamination of patents.
Sec.4603.Definitions.
Sec.4604.Optional inter partes reexamination
procedures.
Sec.4605.Conforming amendments.
Sec.4606.Report to Congress.
Sec.4607.Estoppel effect of reexamination.
Sec.4608.Effective date.
Sec.4701.Short title.
Sec.4711.Establishment of Patent and Trademark
Office.
Sec.4712.Powers and duties.
Sec.4713.Organization and management.
Sec.4714.Public advisory committees.
Sec.4715.Conforming amendments.
Sec.4716.Trademark Trial and Appeal Board.
Sec.4717.Board of Patent Appeals and Interferences.
Sec.4718.Annual report of Director.
Sec.4719.Suspension or exclusion from practice.
Sec.4720.Pay of Director and Deputy Director.
Sec.4731.Effective date.
Sec.4732.Technical and conforming amendments.
Sec.4741.References.
Sec.4742.Exercise of authorities.
Sec.4743.Savings provisions.
Sec.4744.Transfer of assets.
Sec.4745.Delegation and assignment.
Sec.4746.Authority of Director of the Office
of Management and Budget with respect to functions transferred.
Sec.4747.Certain vesting of functions considered
transfers.
Sec.4748.Availability of existing funds.
Sec.4749.Definitions.
Sec.4801.Provisional applications.
Sec.4802.International applications.
Sec.4803.Certain limitations on damages for
patent infringement not applicable.
Sec.4804.Electronic filing and publications.
Sec.4805.Study and report on biological deposits
in support of biotechnology patents.
Sec.4806.Prior invention.
Sec.4807.Prior art exclusion for certain commonly
assigned patents.
Sec.4808.Exchange of copies of patents with
foreign countries.
Sec.5001.Commission on online child protection.
Sec.5002.Privacy protection for donors to
public broadcasting entities.
Sec.5003.Completion of biennial regulatory
review.
Sec.5004.Public broadcasting entities.
Sec.5005.Technical amendments relating to
vessel hull design protection.
Sec.5006.Informal rulemaking of copyright
determination.
Sec.5007.Service of process for surety corporations.
Sec.5008.Low-power television.
Sec.6001.Superfund recycling equity.
TITLE I--SATELLITE HOME VIEWER IMPROVEMENT
SEC. 1001. SHORT TITLE.
SEC. 1002. LIMITATIONS ON EXCLUSIVE RIGHTS;
SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS
WITHIN LOCAL MARKETS.
`Sec. 122. Limitations on exclusive rights;
secondary transmissions by satellite carriers within local markets
SEC. 1003. EXTENSION OF EFFECT OF AMENDMENTS
TO SECTION 119 OF TITLE 17, UNITED STATES CODE.
SEC. 1004. COMPUTATION OF ROYALTY FEES FOR
SATELLITE CARRIERS.
SEC. 1005. DISTANT SIGNAL ELIGIBILITY FOR
CONSUMERS.
SEC. 1006. PUBLIC BROADCASTING SERVICE SATELLITE
FEED.
SEC. 1007. APPLICATION OF FEDERAL COMMUNICATIONS
COMMISSION REGULATIONS.
SEC. 1008. RULES FOR SATELLITE CARRIERS RETRANSMITTING
TELEVISION BROADCAST SIGNALS.
`SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS
BY SATELLITE CARRIERS.
`SEC. 339. CARRIAGE OF DISTANT TELEVISION
STATIONS BY SATELLITE CARRIERS.
SEC. 1009. RETRANSMISSION CONSENT.
SEC. 1010. SEVERABILITY.
SEC. 1011. TECHNICAL AMENDMENTS.
SEC. 1012. EFFECTIVE DATES.
TITLE II--RURAL LOCAL TELEVISION SIGNALS
SEC. 2001. SHORT TITLE.
SEC. 2002. LOCAL TELEVISION SERVICE IN UNSERVED
AND UNDERSERVED MARKETS.
TITLE III--TRADEMARK CYBERPIRACY PREVENTION
SEC. 3001. SHORT TITLE; REFERENCES.
SEC. 3002. CYBERPIRACY PREVENTION.
SEC. 3003. DAMAGES AND REMEDIES.
SEC. 3004. LIMITATION ON LIABILITY.
SEC. 3005. DEFINITIONS.
SEC. 3006. STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS
INVOLVING PERSONAL NAMES.
SEC. 3007. HISTORIC PRESERVATION.
SEC. 3008. SAVINGS CLAUSE.
SEC. 3009. TECHNICAL AND CONFORMING AMENDMENTS.
SEC. 3010. EFFECTIVE DATE.
TITLE IV--INVENTOR PROTECTION
SEC. 4001. SHORT TITLE.
Subtitle A--Inventors' Rights
SEC. 4101. SHORT TITLE.
SEC. 4102. INTEGRITY IN INVENTION PROMOTION
SERVICES.
`Sec. 297. Improper and deceptive invention
promotion
SEC. 4103. EFFECTIVE DATE.
Subtitle B--Patent and Trademark Fee Fairness
SEC. 4201. SHORT TITLE.
SEC. 4202. ADJUSTMENT OF PATENT FEES.
SEC. 4203. ADJUSTMENT OF TRADEMARK FEES.
SEC. 4204. STUDY ON ALTERNATIVE FEE STRUCTURES.
SEC. 4205. PATENT AND TRADEMARK OFFICE FUNDING.
SEC. 4206. EFFECTIVE DATE.
Subtitle C--First Inventor Defense
SEC. 4301. SHORT TITLE.
SEC. 4302. DEFENSE TO PATENT INFRINGEMENT BASED
ON EARLIER INVENTOR.
`Sec. 273. Defense to infringement based on
earlier inventor
SEC. 4303. EFFECTIVE DATE AND APPLICABILITY.
Subtitle D--Patent Term Guarantee
SEC. 4401. SHORT TITLE.
SEC. 4402. PATENT TERM GUARANTEE AUTHORITY.
SEC. 4403. CONTINUED EXAMINATION OF PATENT
APPLICATIONS.
SEC. 4404. TECHNICAL CLARIFICATION.
SEC. 4405. EFFECTIVE DATE.
Subtitle E--Domestic Publication of Patent Applications Published Abroad
SEC. 4501. SHORT TITLE.
SEC. 4502. PUBLICATION.
`Sec. 122. Confidential status of applications;
publication of patent applications
SEC. 4503. TIME FOR CLAIMING BENEFIT OF EARLIER
FILING DATE.
SEC. 4504. PROVISIONAL RIGHTS.
SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.
SEC. 4506. COST RECOVERY FOR PUBLICATION.
SEC. 4507. CONFORMING AMENDMENTS.
`Sec. 374. Publication of international application
SEC. 4508. EFFECTIVE DATE.
Subtitle F--Optional Inter Partes Reexamination Procedure
SEC. 4601. SHORT TITLE.
SEC. 4602. EX PARTE REEXAMINATION OF PATENTS.
SEC. 4603. DEFINITIONS.
SEC. 4604. OPTIONAL INTER PARTES REEXAMINATION
PROCEDURES.
`CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
`Sec. 311. Request for inter partes reexamination
`Sec. 312. Determination of issue by Director
`Sec. 313. Inter partes reexamination order
by Director
`Sec. 314. Conduct of inter partes reexamination
proceedings
`Sec. 315. Appeal
`Sec. 316. Certificate of patentability, unpatentability,
and claim cancellation
`Sec. 317. Inter partes reexamination prohibited
`Sec. 318. Stay of litigation
SEC. 4605. CONFORMING AMENDMENTS.
`Sec. 134. Appeal to the Board of Patent Appeals
and Interferences
SEC. 4606. REPORT TO CONGRESS.
SEC. 4607. ESTOPPEL EFFECT OF REEXAMINATION.
SEC. 4608. EFFECTIVE DATE.
Subtitle G--Patent and Trademark Office
SEC. 4701. SHORT TITLE.
CHAPTER 1--UNITED STATES PATENT AND TRADEMARK OFFICE
SEC. 4711. ESTABLISHMENT OF PATENT AND TRADEMARK
OFFICE.
`Sec. 1. Establishment
SEC. 4712. POWERS AND DUTIES.
`Sec. 2. Powers and duties
SEC. 4713. ORGANIZATION AND MANAGEMENT.
`Sec. 3. Officers and employees
SEC. 4714. PUBLIC ADVISORY COMMITTEES.
`Sec. 5. Patent and Trademark Office Public
Advisory Committees
SEC. 4715. CONFORMING AMENDMENTS.
SEC. 4716. TRADEMARK TRIAL AND APPEAL BOARD.
SEC. 4717. BOARD OF PATENT APPEALS AND INTERFERENCES.
`Sec. 6. Board of Patent Appeals and Interferences
SEC. 4718. ANNUAL REPORT OF DIRECTOR.
`Sec. 13. Annual report to Congress
SEC. 4719. SUSPENSION OR EXCLUSION FROM PRACTICE.
SEC. 4720. PAY OF DIRECTOR AND DEPUTY DIRECTOR.
CHAPTER 2--EFFECTIVE DATE; TECHNICAL AMENDMENTS
SEC. 4731. EFFECTIVE DATE.
SEC. 4732. TECHNICAL AND CONFORMING AMENDMENTS.
`PART I--UNITED STATES PATENT AND TRADEMARK OFFICE'.
CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
CHAPTER 3--MISCELLANEOUS PROVISIONS
SEC. 4741. REFERENCES.
SEC. 4742. EXERCISE OF AUTHORITIES.
SEC. 4743. SAVINGS PROVISIONS.
SEC. 4744. TRANSFER OF ASSETS.
SEC. 4745. DELEGATION AND ASSIGNMENT.
SEC. 4746. AUTHORITY OF DIRECTOR OF THE OFFICE
OF MANAGEMENT AND BUDGET WITH RESPECT TO
FUNCTIONS TRANSFERRED.
SEC. 4747. CERTAIN VESTING OF FUNCTIONS CONSIDERED
TRANSFERS.
SEC. 4748. AVAILABILITY OF EXISTING FUNDS.
SEC. 4749. DEFINITIONS.
Subtitle H--Miscellaneous Patent Provisions
SEC. 4801. PROVISIONAL APPLICATIONS.
SEC. 4802. INTERNATIONAL APPLICATIONS.
SEC. 4803. CERTAIN LIMITATIONS ON DAMAGES
FOR PATENT INFRINGEMENT NOT APPLICABLE.
SEC. 4804. ELECTRONIC FILING AND PUBLICATIONS.
SEC. 4805. STUDY AND REPORT ON BIOLOGICAL
DEPOSITS IN SUPPORT OF BIOTECHNOLOGY PATENTS.
SEC. 4806. PRIOR INVENTION.
SEC. 4807. PRIOR ART EXCLUSION FOR CERTAIN
COMMONLY ASSIGNED PATENTS.
SEC. 4808. EXCHANGE OF COPIES OF PATENTS WITH
FOREIGN COUNTRIES.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 5001. COMMISSION ON ONLINE CHILD PROTECTION.
SEC. 5002. PRIVACY PROTECTION FOR DONORS TO PUBLIC BROADCASTING
ENTITIES.
SEC. 5003. COMPLETION OF BIENNIAL REGULATORY
REVIEW.
SEC. 5004. PUBLIC BROADCASTING ENTITIES.
SEC. 5005. TECHNICAL AMENDMENTS RELATING TO
VESSEL HULL DESIGN PROTECTION.
SEC. 5006. INFORMAL RULEMAKING OF COPYRIGHT
DETERMINATION.
SEC. 5007. SERVICE OF PROCESS FOR SURETY CORPORATIONS.
SEC. 5008. LOW-POWER TELEVISION.
TITLE VI--SUPERFUND RECYCLING EQUITY
SEC. 6001. SUPERFUND RECYCLING EQUITY.
`SEC. 127. RECYCLING TRANSACTIONS.