H.R.5096 - PDQ Act109th Congress (2005-2006)
|Sponsor:||Rep. Berman, Howard L. [D-CA-28] (Introduced 04/05/2006)|
|Committees:||House - Judiciary|
|Latest Action:||04/06/2006 Sponsor introductory remarks on measure.|
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Summary: H.R.5096 — 109th Congress (2005-2006)All Bill Information (Except Text)
Introduced in House (04/05/2006)
Patents Depend on Quality Act of 2006 or PDQ Act - Allows a person to request that the grant or reissue of a patent be reconsidered by the United States Patent and Trademark Office (USPTO) by filing an opposition seeking to invalidate one or more claims in the patent.
Requires the Director of USPTO to issue and publish a certificate, in accordance with the final decision by the panel of three administrative patent judges, canceling any claim of the patent determined to be unpatentable and incorporating into the patent any new or amended claims determined to be patentable.
Allows a third party to submit for consideration, and for inclusion in the record, prior art to determine whether the invention was known, used, in public use, or on sale or would have been obvious.
Provides that a third party requester whose request for a reexamination results in an order is not estopped from asserting a claim which the third party requester could have raised during such reexamination proceedings.
Allows treble damages only upon a finding of willful infringement of a patent. (Current law allows treble damages for any patent infringement.) Sets forth the grounds for a finding of willful infringement.
Permits transfers of venue. Requires a court to stay an injunction pending appeal upon an affirmative showing that: (1) the stay would not result in irreparable harm to the owner of the patent; and (2) the balance of hardships from the stay does not favor the owner of the patent.