[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1886 Reported in Senate (RS)]

                                                       Calendar No. 428
107th CONGRESS
  2d Session
                                H. R. 1886


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                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2001

  Received; read twice and referred to the Committee on the Judiciary

                             June 20, 2002

                Reported by Mr. Leahy, without amendment

_______________________________________________________________________

                                 AN ACT


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. APPEALS IN INTER PARTES REEXAMINATION PROCEEDINGS.

    (a) Appeals by Third-Party Requester in Proceedings.--Section 
315(b) of title 35, United States Code, is amended to read as follows:
    ``(b) Third-Party Requester.--A third-party requester--
            ``(1) may appeal under the provisions of section 134, and 
        may appeal under the provisions of sections 141 through 144, 
        with respect to any final decision favorable to the 
        patentability of any original or proposed amended or new claim 
        of the patent; and
            ``(2) may, subject to subsection (c), be a party to any 
        appeal taken by the patent owner under the provisions of 
        section 134 or sections 141 through 144.''.
    (b) Appeal to Board of Patent Appeals and Interferences.--Section 
134(c) of title 35, United States Code, is amended by striking the last 
sentence.
    (c) Appeal to Court of Appeals for the Federal Circuit.--Section 
141 of title 35, United States Code, is amended in the third sentence 
by inserting ``, or a third-party requester in an inter partes 
reexamination proceeding, who is'' after ``patent owner''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act apply with respect to any 
reexamination proceeding commenced 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. 428

107th CONGRESS

  2d Session

                               H. R. 1886

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                             June 20, 2002

                       Reported without amendment