[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1866 Reported in House (RH)]






                                                  Union Calendar No. 64
107th CONGRESS
  1st Session
                                H. R. 1866

                          [Report No. 107-120]

    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

                             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]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF 
              PATENTABILITY IN REEXAMINATION PROCEEDINGS.</DELETED>

<DELETED>    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.''.</DELETED>

<DELETED>SEC. 2. EFFECTIVE DATE.</DELETED>

<DELETED>    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.</DELETED>

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

107th CONGRESS

  1st Session

                               H. R. 1866

                          [Report No. 107-120]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             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