H.R.1249: Leahy-Smith America Invents Act

Referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Referred to House Judiciary

Referred to the Subcommittee on Intellectual Property, Competition and the Internet.

Subcommittee Hearings Held.

Referred to House Budget

Subcommittee on Intellectual Property, Competition and the Internet Discharged.

Committee Consideration and Mark-up Session Held.

Ordered to be Reported (Amended) by the Yeas and Nays: 32 - 3.

Reported (Amended) by the Committee on Judiciary. H. Rept. 112-98, Part I.

Committee on The Budget discharged.

Placed on the Union Calendar, Calendar No. 54.

Rules Committee Resolution H. Res. 316 Reported to House. Rule provides for consideration of H.R. 2021 and H.R. 1249. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution provides for one hour of general debate for H.R. 2021 and 80 minutes of general debate for H.R. 1249. The resolution also provides that for H.R. 1249, the amendment in the nature of a substitute recommended by the Committee on the Judiciary shall be considered as an original bill for the purpose of amendment under the five-minute rule.

Rule H. Res. 316 passed House.

Considered under the provisions of rule H. Res. 316.

Rule provides for consideration of H.R. 2021 and H.R. 1249. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measures will be considered read. Specified amendments are in order. The resolution provides for one hour of general debate for H.R. 2021 and 80 minutes of general debate for H.R. 1249. The resolution also provides that for H.R. 1249, the amendment in the nature of a substitute recommended by the Committee on the Judiciary shall be considered as an original bill for the purpose of amendment under the five-minute rule.

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 316 and Rule XVIII.

The Speaker designated the Honorable Tom Graves to act as Chairman of the Committee.

DEBATE - The Committee of the Whole proceeded with twenty minutes of debate on the question of constitutionality of the measure.

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1249.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Smith (TX) amendment.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Smith (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Smith (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

Mr. Smith (TX) moved to rise.

On motion to rise Agreed to by voice vote.

Committee of the Whole House on the state of the Union rises leaving H.R. 1249 as unfinished business.

Considered as unfinished business.

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

UNFINISHED BUSINESS - The Chair announced the unfinished business was on the question of adoption of an amendment which had been debated earlier and on which further proceedings were postponed.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment no. 2.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Conyers amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Conyers demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Baldwin amendment no. 3.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Baldwin amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Ms. Baldwin demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Moore amendment no. 4.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment no. 5.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Lujan amendment no. 6.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Peters amendment no. 7.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Polis (CO) amendment no. 8.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment no. 9.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Speier amendment no. 10.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Watt amendment no. 11.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Sensenbrenner amendment no. 12.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Sensenbrenner amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Manzullo amendment no. 13.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Manzullo amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Manzullo demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Rohrabacher amendment no. 14.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Rohrabacher amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Rohrabacher demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

DEBATE - Pursuant to the provsions of H. Res. 316, the Committee of the Whole proceeded with 10 minutes of debate on the Schock amendment no. 15.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Schock amendment, the Chair put t he question on adoption of the amendment and by voice vote, announced the ayes had prevailed. Mr. Smith (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

UNFINISHED BUSINESS - The Chair announced that the unfinished business was on the adoption of amendments which had been debated earlier and on which further proceedings were postponed.

Mr. Jackson (IL) raised a point of order. Subsequent to the completion of a roll call vote on the Conyers amendment No. 9, the final disposition was called into question and by unanimous consent, the proceedings were vacated and the Conyers amendment No. 9 was redesignated and the question of adoption was put again by the Chair de novo for a re-vote by the Committee of the Whole.

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1249.

The previous question was ordered pursuant to the rule.

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

Mr. Miller (NC) moved to recommit with instructions to Judiciary.

DEBATE - The House proceeded with ten minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to report the same to the House with an amendment to require the U.S. Patent Office to prioritize patent applications filed by entities that pledge to develop or manufacture their products, processes, and technologies in the U.S., including, specifically, those filed by small businesses and individuals.

The previous question on the motion to recommit with instructions was ordered without objection.

On motion to recommit with instructions Failed by recorded vote: 172 - 251 (Roll no. 490).

On passage Passed by recorded vote: 304 - 117 (Roll no. 491).

Motion to reconsider laid on the table Agreed to without objection.

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1249.

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 87.

Motion to proceed to consideration of measure made in Senate.

Cloture motion on the motion to proceed to the measure presented in Senate.

Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 93 - 5. Record Vote Number: 125.

Motion to proceed to measure considered in Senate.

Motion to proceed to consideration of measure agreed to in Senate.

Measure laid before Senate by motion.

Considered by Senate.

Passed Senate without amendment by Yea-Nay Vote. 89 - 9. Record Vote Number: 129.

Message on Senate action sent to the House.

Presented to President.

Signed by President.

Became Public Law No: 112-29.