[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2047 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
June 26, 2002.
Resolved, That the bill from the House of Representatives (H.R.
2047) entitled ``An Act to authorize appropriations for the United
States Patent and Trademark Office for fiscal year 2002, and for other
purposes.'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent and Trademark Office
Authorization Act of 2002''.
SEC. 2. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT AND TRADEMARK
OFFICE.
(a) In General.--There are authorized to be appropriated to the
United States Patent and Trademark Office for salaries and necessary
expenses for each of the fiscal years 2003 through 2008 an amount equal
to the fees estimated by the Secretary of Commerce to be collected in
each such fiscal year, respectively, under--
(1) title 35, United States Code; and
(2) the Act entitled ``An Act to provide for the
registration and protection of trademarks used in commerce, to
carry out the provisions of certain international conventions,
and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051
et seq.) (commonly referred to as the Trademark Act of 1946).
(b) Estimates.--Not later than February 15, of each fiscal year,
the Undersecretary of Commerce for Intellectual Property and the
Director of the Patent and Trademark Office (in this Act referred to as
the Director) shall submit an estimate of all fees referred to under
subsection (a) to be collected in the next fiscal year to the chairman
and ranking member of--
(1) the Committees on Appropriations and Judiciary of the
Senate; and
(2) the Committees on Appropriations and Judiciary of the
House of Representatives.
SEC. 3. ELECTRONIC FILING AND PROCESSING OF PATENT AND TRADEMARK
APPLICATIONS.
(a) Electronic Filing and Processing.--Not later than December 1,
2004, the Director shall complete the development of an electronic
system for the filing and processing of patent and trademark
applications, that--
(1) is user friendly; and
(2) includes the necessary infrastructure to--
(A) allow examiners and applicants to send all
communications electronically; and
(B) allow the Office to process, maintain, and
search electronically the contents and history of each
application.
(b) Authorization of Appropriations.--Of amounts authorized under
section 2, there are authorized to be appropriated to carry out
subsection (a) of this section not more than $50,000,000 for each of
fiscal years 2003 and 2004. Amounts made available under this
subsection shall remain available until expended.
SEC. 4. ANNUAL REPORTS ON STRATEGIC PLAN.
In each of the 5 calendar years following the date of enactment of
this Act, the Secretary of Commerce shall submit a report to the
Committees on the Judiciary of the Senate and the House of
Representatives on--
(1) the progress made in implementing the 21st Century
Strategic Plan issued on June 3, 2002; and
(2) any amendments made to the plan.
SEC. 5. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF PATENTABILITY IN
REEXAMINATION PROCEEDINGS.
(a) In General.--Sections 303(a) and 312(a) of title 35, United
States Code, are each amended by adding at the end the following: ``The
existence of a substantial new question of patentability is not
precluded by the fact that a patent or printed publication was
previously cited by or to the Office or considered by the Office.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to any determination of the Director of the United
States Patent and Trademark Office that is made under section 303(a) or
312(a) of title 35, United States Code, on or after the date of the
enactment of this Act.
SEC. 6. 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''.
(d) Effective Date.--The amendments made by this section apply with
respect to any reexamination proceeding commenced on or after the date
of the enactment of this Act.
Amend the title so as to read: ``An Act to authorize
appropriations for the United States Patent and Trademark
Office for fiscal years 2003 through 2008, and for other
purposes.''.
Attest:
Secretary.
107th CONGRESS
2d Session
H. R. 2047
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AMENDMENTS