To amend title 35, United States Code, to clarify the basis for granting requests for reexamination of patents. (Reported in Senate)
HR 1866 RS
September 6, 2001
Received; read twice and referred to the Committee on the Judiciary
June 20, 2002
Reported by Mr. LEAHY, without amendment
- 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 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.
Passed the House of Representatives September 5, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 427
To amend title 35, United States Code, to clarify the basis for granting requests for reexamination of patents.