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To amend title 35, United States Code, to clarify the basis for granting requests for reexamination of patents. (Introduced in House)

HR 1866 IH

107th CONGRESS

1st Session

H. R. 1866

To amend title 35, United States Code, to clarify the basis for granting requests for reexamination of patents.

IN THE HOUSE OF REPRESENTATIVES

May 16, 2001

Mr. COBLE introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 35, United States Code, to clarify the basis for granting requests for reexamination of patents.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF PATENTABILITY IN REEXAMINATION PROCEEDINGS.

    Sections 303(a) and 313(a) 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.'.

SEC. 2. EFFECTIVE DATE.

    The amendment made by this Act shall apply with respect to determinations of the Director of the United States Patent and Trademark Office that are made under section 303(a) or 313(a) of title 35, United States Code, on and after the date of the enactment of this Act.