[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1886 Reported in Senate (RS)]
Calendar No. 428
107th CONGRESS
2d Session
H. R. 1886
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 6, 2001
Received; read twice and referred to the Committee on the Judiciary
June 20, 2002
Reported by Mr. Leahy, without amendment
_______________________________________________________________________
AN ACT
To amend title 35, United States Code, to provide for appeals by third
parties in certain patent reexamination proceedings.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. APPEALS IN INTER PARTES REEXAMINATION PROCEEDINGS.
(a) Appeals by Third-Party Requester in Proceedings.--Section
315(b) of title 35, United States Code, is amended to read as follows:
``(b) Third-Party Requester.--A third-party requester--
``(1) may appeal under the provisions of section 134, and
may appeal under the provisions of sections 141 through 144,
with respect to any final decision favorable to the
patentability of any original or proposed amended or new claim
of the patent; and
``(2) may, subject to subsection (c), be a party to any
appeal taken by the patent owner under the provisions of
section 134 or sections 141 through 144.''.
(b) Appeal to Board of Patent Appeals and Interferences.--Section
134(c) of title 35, United States Code, is amended by striking the last
sentence.
(c) Appeal to Court of Appeals for the Federal Circuit.--Section
141 of title 35, United States Code, is amended in the third sentence
by inserting ``, or a third-party requester in an inter partes
reexamination proceeding, who is'' after ``patent owner''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act apply with respect to any
reexamination proceeding commenced on or after the date of the
enactment of this Act.
Passed the House of Representatives September 5, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 428
107th CONGRESS
2d Session
H. R. 1886
_______________________________________________________________________
AN ACT
To amend title 35, United States Code, to provide for appeals by third
parties in certain patent reexamination proceedings.
_______________________________________________________________________
June 20, 2002
Reported without amendment