To amend title 35, United States Code, with respect to patent reexamination proceedings.
Requires such request to set forth reasons demonstrating a substantial new question of patentability exists in light of certain required conditions for patentability for each claim of the patent for which reexamination is requested.
Sets a 12-month deadline for the PTO Director to determine whether a substantial new question of patentability affecting a claim is raised, on the grounds specified in this Act.
Revises the estoppel of a third-party requester whose request for an inter partes reexamination results in a final decision favorable to the patentability of any original or proposed amended or new claim of the patent.
Allows the assertion of invalidity based on newly discovered information unavailable to the third-party requester and the PTO, or upon evidence and reasons set forth in this Act which were not known to the third party requester at the time of such proceedings.
Amends the Intellectual Property and Communications Omnibus Reform Act of 1999 to repeal the estoppel effect of an inter partes reexamination.
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR E1191-1192)
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