Summary: H.R.4972 — 100th Congress (1987-1988)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
House agreed to Senate amendment with amendment (10/20/1988)

(House agreed to Senate amendments with amendments)

Title I: Patent and Trademark Office Authorizations - Authorizes appropriations to the Patent and Trademark Office for FY 1989 through 1991.

Prohibits the Commissioner of Patents and Trademarks from increasing or establishing additional patent and trademark fees during FY 1989 through 1991. Allows cost-of-living adjustments according to the Consumer Price Index. Directs the Secretary of Commerce to report to the Congress regarding patent and trademark fee expenditures and collections, budget plans, and surplus fees.

Repeals the prohibition against the imposition of a fee for the use of public patent and trademark search rooms and libraries.

Directs the Commissioner to make U.S. patent and trademark information (and foreign patent documents) available for public search and retrieval. Prohibits the Commissioner from imposing fees for the use of such collections or for the use of public patent trademark search rooms or libraries. Authorizes the Commissioner to establish fees for public access to automated search systems of the Patent and Trademark Office. Provides for a limited amount of free access to all users of such systems for education and training purposes. Authorizes the Commissioner to waive fee payments by individuals upon a show of need or hardship if such waiver is in the public interest.

Authorizes the Patent and Trademark Office to use fee revenues for its activities.

Prohibits the Commissioner from: (1) entering during FY 1989 through 1991 into any agreement for the exchange of items or services related to automatic data processing resources; or (2) continuing existing agreements for such exchange after the date of enactment of this Act, except an agreement with a foreign government or an international intergovernmental organization.

Title II: Patent Misuse Reform - Amends Federal patent law to permit a patent holder to: (1) refuse to license or use any rights to a patent; or (2) condition the license of any rights to the patent or its sale on the acquisition of the licensing rights in another patent or the purchase of a separate patent, unless, in the circumstances, the patent owner has market power in the relevant market for the patent or patented product on which the license or sale is conditioned.