PATENT RIGHTS.

SEC. 533. PATENT RIGHTS. (a) Definition of Infringement.—Section 271 of title 35, United States Code, is amended— (1) in subsection (a)— (A) by inserting “, offers to sell,” after “uses”; and (B) by inserting “or imports into the United States any patented invention” after “the United States”; (2) in subsection (c), by striking “sells” and inserting “offers to sell or sells within the United States or imports into the United States”; (3) in subsection (e)— (A) in paragraph (1), by striking “or sell” and inserting “offer to sell, or sell within the United States or import into the United States”; (B) in paragraph (3), by striking “or selling” and inserting “offering to sell, or selling within the United States or importing into the United States”; (C) in paragraph (4)(B), by striking “or sale” and inserting “offer to sell, or sale within the United States or importation into the United States”; and (D) in paragraph (4)(C), by striking “or sale” and inserting “offer to sell, or sale within the United States or importation into the United States”; (4) in subsection (g)— (A) by striking “sells” and inserting “offers to sell, sells,”; (B) by striking “importation, sale,” and inserting “importation, offer to sell, sale,”; and (C) by striking “other use or” and inserting “other use, offer to sell, or”; and (5) by adding at the end the following: “(i) As used in this section, an ‘offer for sale’ or an ‘offer to sell’ by a person other than the patentee, or any designee of the patentee, is that in which the sale will occur before the expiration of the term of the patent.”. (b) Conforming Amendments.— (1) Paragraph (2) of section 41(c) of title 35, United States Code, is amended to read as follows: “(2) A patent, the term of which has been maintained as a result of the acceptance of a payment of a maintenance fee under this subsection, shall not abridge or affect the right of any person or that person’s successors in business who made, purchased, offered to sell, or used anything protected by the patent within the United States, or imported anything protected by the patent into the United States after the 6-month grace period out prior to the acceptance of a maintenance fee under this subsection, to continue the use of, to offer for sale, or to sell to others to be used, offered for sale, or sold, the specific thing so made, purchased, offered for sale, used, or imported. The court before which such matter is in question may provide for the continued manufacture, use, offer for sale, or sale of the thing made, purchased, offered for sale, or used within the United States, or imported into the United States, as specified, or for the manufacture, use, offer for sale, 108 STAT. 4989or sale in the United States of which substantial preparation was made after the 6-month grace period but before the acceptance of a maintenance fee under this subsection, and the court may also provide for the continued practice of any process that is practiced, or for the practice of which substantial preparation was made, after the 6-month grace period but before the acceptance of a maintenance fee under this subsection, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced after the 6-month grace period but before the acceptance of a maintenance fee under this subsection.”. (2) The second undesignated paragraph of section 252 of title 35, United States Code, is amended to read as follows: “A reissued patent shall not abridge or affect the right of any person or that person’s successors in business who, prior to the grant of a reissue, made, purchased, offered to sell, or used within the United States, or imported into the United States, anything patented by the reissued patent, to continue the use of, to offer to sell, or to sell to others to be used, offered for sale, or sold, the specific thing so made, purchased, offered for sale, used, or imported unless the making, using, offering for sale, or selling of such thing infringes a valid claim of the reissued patent which was in the original patent. The court before which such matter is in question may provide for the continued manufacture, use, offer for sale, or sale of the thing made, purchased, offered for sale, used, or imported as specified, or for the manufacture, use, offer for sale, or sale in the United States of which substantial preparation was made before the grant of the reissue, and the court may also provide for the continued practice of any process patented by the reissue that is practiced, or for the practice of which substantial preparation was made, before the grant of the reissue, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced before the grant of the reissue.”. (3) Section 262 of title 35, United States Code, is amended— (A) by striking “use or sell” and inserting “use, offer to sell, or sell”; and (B) by inserting “within the United States, or import the patented invention into the United States,” after “invention”. (4) Section 272 of title 35, United States Code, is amended by striking “not sold” and inserting “not offered for sale or sold”. (5) Section 287 of title 35, United States Code, is amended— (A) in subsection (a)— (i) by striking “making or selling” and inserting “making, offering for sale, or selling within the United States”; and (ii) by inserting “or importing any patented article into the United States,” after “under them,”; and (B) in subsection (b)— (i) in paragraph (1)(C), by striking “use, or sale” and inserting “use, offer for sale, or sale”; 108 STAT. 4990 (ii) in paragraph (4)(A), by striking “sold or” and inserting “sold, offered for sale, or” in the matter preceding clause (i); (iii) in paragraph (4)(A)(ii), by striking “use, or sale” and inserting “use, offer for sale, or sale”; (iv) in paragraph (4)(C), by striking “have been sold” and inserting “have been offered for sale or sold”; and (v) in paragraph (4)(C), by striking “United States before” and inserting “United States, or imported by the person into the United States, before”. (6) Section 292(a) of title 35, United States Code, is amended— (A) by striking “used, or sold by him” and inserting “used, offered for sale, or sold by such person within the United States, or imported by the person into the United States”; and (B) by striking “made or sold” and inserting “made, offered for sale, sold, or imported into the United States”. (7) Section 295 of title 35, United States Code, is amended by striking “sale, or use” and inserting “sale, offer for sale, or use”. (8) Section 307(b) of title 35, United States Code, is amended by striking “used anything” and inserting “used within the United States, or imported into the United States, anything”.