To amend title 35, United States Code, to promote research among universities, the public sector, and private enterprise in the informatics realm.

November 2, 2005

Mr. GERLACH introduced the following bill; which was referred to the Committee on the Judiciary

To amend title 35, United States Code, to promote research among universities, the public sector, and private enterprise in the informatics realm.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Informatics Act of 2005'.

SEC. 2. INFORMATION GENERATED BY A PATENTED PROCESS IN INFRINGEMENT DETERMINATIONS.

(a) Infringement of Patent- Section 271 of title 35, United States Code, is amended by adding at the end the following new subsection:

`(j) As used in this section, the term `product' shall include both physical goods and information in any fixed format.'.

SEC. 3. EFFECTIVE DATE.

(a) In General- The amendment made by section 2 shall apply to any patent granted before, on, or after the date of the enactment of this Act.

(b) Special Rule- The amendment made by section 2 shall not affect any final decision of a court or the United States Patent and Trademark Office rendered before the date of the enactment of this Act, and shall not affect the right of any party in any action pending before the United States Patent and Trademark Office or a court on the date of the enactment of this Act to have that party's rights determined on the basis of the provisions of title 35, United States Code, in effect on the day before the date of the enactment of this Act.

END