S 1145 IS

110th CONGRESS

1st Session

S. 1145

To amend title 35, United States Code, to provide for patent reform.

IN THE SENATE OF THE UNITED STATES

April 18, 2007

Mr. LEAHY (for himself, Mr. HATCH, Mr. SCHUMER, Mr. CORNYN, and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To amend title 35, United States Code, to provide for patent reform.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

SEC. 2. REFERENCE TO TITLE 35, UNITED STATES CODE.

SEC. 3. RIGHT OF THE FIRST INVENTOR TO FILE.

`Sec. 102. Conditions for patentability; novelty

`Sec. 103. Conditions for patentability; nonobvious subject matter

`Sec. 134. Appeal to the Patent Trial and Appeal Board'.

`Sec. 135. Derivation proceedings'.

`Sec. 146. Civil action in case of derivation proceeding'.

SEC. 4. INVENTOR'S OATH OR DECLARATION.

`Sec. 115. Inventor's oath or declaration

`Sec. 118. Filing by other than inventor

SEC. 5. RIGHT OF THE INVENTOR TO OBTAIN DAMAGES.

`Sec. 273. Special defenses to and exemptions from infringement'.

SEC. 6. POST-GRANT PROCEDURES AND OTHER QUALITY ENHANCEMENTS.

`CHAPTER 32--POST-GRANT REVIEW PROCEDURES

`Sec. 321. Petition for post-grant review

`Sec. 322. Timing and bases of petition

`Sec. 323. Requirements of petition

`Sec. 324. Prohibited filings

`Sec. 325. Submission of additional information; showing of sufficient grounds

`Sec. 326. Conduct of post-grant review proceedings

`Sec. 327. Patent owner response

`Sec. 328. Proof and evidentiary standards

`Sec. 329. Amendment of the patent

`Sec. 330. Decision of the Board

`Sec. 331. Effect of decision

`Sec. 332. Relationship to other pending proceedings

`Sec. 333. Effect of decisions rendered in civil action on future post-grant review proceedings

`Sec. 334. Effect of final decision on future proceedings

`Sec. 335. Appeal

321'.

SEC. 7. DEFINITIONS; PATENT TRIAL AND APPEAL BOARD.

`Sec. 6. Patent Trial and Appeal Board

SEC. 8. STUDY AND REPORT ON REEXAMINATION PROCEEDINGS.

SEC. 9. SUBMISSIONS BY THIRD PARTIES AND OTHER QUALITY ENHANCEMENTS.

SEC. 10. VENUE AND JURISDICTION.

SEC. 11. REGULATORY AUTHORITY.

SEC. 12. TECHNICAL AMENDMENTS.

SEC. 13. EFFECTIVE DATE; RULE OF CONSTRUCTION.