H.R. 3535 · 118th Congress
Advancing America’s Interests Act
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Never voted on. It didn't reach a floor vote before the 118th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
This bill limits the ability of certain persons (e.g., patent or trademark holders) to bring complaints before the U.S. International Trade Commission (ITC), and it requires the ITC to consider the public interest when determining whether to exclude articles that are under investigation.
What it does: CRS summary · Introduced in House · May 18, 2023
Advancing America's Interests Act
This bill limits the ability of certain persons (e.g., patent or trademark holders) to bring complaints before the U.S. International Trade Commission (ITC), and it requires the ITC to consider the public interest when determining whether to exclude articles that are under investigation.
A complainant before the ITC must satisfy a domestic industry requirement obliging them to have made significant investment in the United States related to the articles that are the subject of the matter. One method to establish domestic industry is through reliance on licensing activities.
The bill requires a complainant attempting to demonstrate domestic industry through licensing activities to show that those activities led to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design at issue. Further, the bill prohibits a complainant from relying upon activities by a licensee to demonstrate domestic industry unless the license leads to the adoption and development of articles that incorporate the claimed patent, copyright, trademark, mask work, or design for sale in the United States.
In addition, the bill requires the ITC to determine that any exclusion of articles pursuant to an investigation is in the public interest. The ITC must also identify at the beginning of an investigation whether the matter involves a dispositive issue that is appropriate for expedited initial determination and direct the assigned judge to issue such determination not later than 100 days after the investigation is instituted.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Advancing America’s Interests Act
Latest action (Dec 17, 2024): Referred to the Subcommittee on Trade.
Policy area: Foreign Trade and International Finance · Origin: House · Introduced: May 18, 2023
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.