To amend title 35, United States Code, to clarify the basis for granting requests for reexamination of patents. (Reported in House)
HR 1866 RH
May 16, 2001
Mr. COBLE introduced the following bill; which was referred to the Committee on the Judiciary
June 28, 2001
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
[Struck out->] SECTION 1. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF PATENTABILITY IN REEXAMINATION PROCEEDINGS. [<-Struck out]
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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.'. [<-Struck out] [Struck out->] SEC. 2. EFFECTIVE DATE. [<-Struck out]
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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. [<-Struck out]SECTION 1. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF PATENTABILITY IN REEXAMINATION PROCEEDINGS.
- 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.'.
SEC. 2. EFFECTIVE DATE.
- The amendments made by this Act 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.
Union Calendar No. 64
To amend title 35, United States Code, to clarify the basis for granting requests for reexamination of patents.