Action C-7: Reform the current system of “deemed exports,” giving international students and researchers engaged in fundamental research in the United States with access to United States research equipment and information that is comparable to that provided to U.S. citizens.

Not acted on.

Recommendation D: Ensure that the United States is the premier place in the world to innovate; invest in downstream activities such as manufacturing and marketing; and create high-paying jobs based on innovation by such actions as modernizing the patent system, realigning tax policies to encourage innovation, and ensuring affordable broadband access.

Action D-1: Enhance intellectual-property protection for the 21st-century global economy to ensure that systems for protecting patents and other forms of intellectual property underlie the emerging knowledge economy but allow research to enhance innovation.

D-1-1. Provide the U.S. Patent and Trademark Office with sufficient resources to make intellectual-property protection more timely, predictable, and effective.

Since 2005, various appropriations acts have provided the United States Patent and Trademark Office with budget authority to spend all fees collected, effectively providing additional resources to this agency.

D-1-2. Reconfigure the U.S. patent system by switching to a “first-inventor-to-file” system and by instituting administrative review after a patent is granted.

Legislation has been introduced to implement “first-to-file,” but has not been passed and signed into law.

D-1-3. Shield research uses of patented inventions from infringement liability.

Not acted on.

D-1-4. Change intellectual-property laws that act as barriers to innovation in specific industries, such as those related to data exclusivity (in pharmaceuticals) and those that increase the volume and unpredictability of litigation (especially in information-technology industries).

Various bills, including one passed by the House and one passed by the Senate, would address data exclusivity.

Action D-2: Enact a stronger research and development tax credit to encourage private investment.

Several measures have been passed to bolster the incentive in recent years, and others are under consideration.

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