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H.R.3535 / 118th Congress

Advancing America’s Interests Act

Referred to the Subcommittee on Trade.

Official summary

Version 00 · 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.

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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.

Read the summary on Congress.gov
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Who introduced it

Rep. Schweikert, David [R-AZ-1] · R–AZ

Committees

  • Ways and Means Committee
2 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Trade.

  2. Referred to the House Committee on Ways and Means.

  3. Introduced in House

  4. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Dec 20, 2024. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.3535 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

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