H.R. 1886 — To amend title 35, United States Code, to provide for appeals by third parties in certain patent reexamination proceedings.

Summary

Amends Federal patent law with respect to appeals in inter partes reexamination proceedings to allow a third-party requester to: (1) appeal to the U.S. Court of Appeals for the Federal Circuit, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; and (2) be a party to any appeal taken by the patent owner, subject to the estoppel to assert at a later time in any civil action the invalidity of any claim finally determined to be valid and patentable on any ground which he or she raised or could have raised during such proceeding.

Allows a third-party requester to appeal a decision of the Board of Patent Appeals and Interferences.

Provides that a third-party requester in an inter partes reexamination proceeding dissatisfied with the final decision in an appeal to the Board may appeal the decision only to the U.S. Court of Appeals for the Federal Circuit.

Legislative Actions

2001-05-18

Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

2001-05-22

Subcommittee Consideration and Mark-up Session Held.

2001-05-22

Forwarded by Subcommittee to Full Committee by Voice Vote.

2001-06-20

Committee Consideration and Mark-up Session Held.

2001-06-20

Ordered to be Reported by Voice Vote.

2001-06-28

Reported by the Committee on Judiciary. H. Rept. 107-121.

2001-06-28

Reported by the Committee on Judiciary. H. Rept. 107-121.

2001-06-28

Placed on the Union Calendar, Calendar No. 65.

2001-09-05

Mr. Sensenbrenner moved to suspend the rules and pass the bill.

2001-09-05

Considered under suspension of the rules. (consideration: CR H5359-5362)

2001-09-05

DEBATE - The House proceeded with forty minutes of debate on H.R. 1886.

2001-09-05

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H5359-5360)

2001-09-05

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H5359-5360)

2001-09-05

Motion to reconsider laid on the table Agreed to without objection.

2001-09-06

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

2002-06-20

Committee on the Judiciary. Ordered to be reported without amendment favorably.

2002-06-20

Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.

2002-06-20

Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.

2002-06-20

Placed on Senate Legislative Calendar under General Orders. Calendar No. 428.

2002-10-03

For Further Action See H.R.2215.

To amend title 35, United States Code, to provide for appeals by third parties in certain patent reexamination proceedings.

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