Summary: H.R.4539 — 99th Congress (1985-1986)All Information (Except Text)

There is one summary for H.R.4539. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (04/09/1986)

Intellectual Property and Trade Act - Title I: Patent and Trademark Amendments - Amends the patent laws to prohibit the sale or importation of products made through the unauthorized use of a patented process.

Amends the Trademark Act of 1946 (the Lanham Act) to permit late fee payment as specified. Reduces the time an applicant has to correct a refused application and increases the time in which a person may protest the registration of a mark. Adds a Chairman of the Board to the Trademark Trial and Appeal Board. Deletes the verification requirement for a cancellation petition. Adds a Chairman and Vice-Chairman to the Board of Patent Appeals and Interferences. Makes other administrative changes.

Title II: Enforcement of Patents, Copyrights, Trademarks, and Mask Works in International Trade - Amends the Tariff Act of 1930 to declare that the unauthorized importation (or sale) of articles into the United States that infringe a valid U.S. patent, copyright, trademark, or mask work creates a rebuttable presumption of destroying or substantially injuring a U.S. industry or impairing the establishment of such industry. Permits any person to petition the International Trade Commission (ITC) for the issuance of an order to exclude such articles, during its investigation, from entry into the United States. Sets forth: (1) civil penalties for violations under this Act; and (2) procedures for the modification or recission of an ITC order under this Act.

Provides for the confidentiality of certain information submitted to the ITC.

Title III: Patent Cooperation Treaty Authorization - Amends the patent laws to authorize the Patent and Trademark Office to act as an International Preliminary Examining Authority with respect to international applications in accordance with terms and conditions prescribed by the International Bureau and the Commissioner of Patents and Trademarks.

Revises the time limit for commencement of the national stage of international applications to conform with the Patent Cooperation Treaty. Requires an English translation of any annexes to the international preliminary examination report made in another language.

Requires the payment of a handling as well as an international fee. Permits the charging of a preliminary examination fee.