[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5831 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5831

  To authorize the Director of the United States Patent and Trademark 
     Office to extend a reissue patent for up to two years if the 
       application for reissue is not processed within 10 years.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2006

   Mr. Baca introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To authorize the Director of the United States Patent and Trademark 
     Office to extend a reissue patent for up to two years if the 
       application for reissue is not processed within 10 years.

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

SECTION 1. AUTHORITY TO EXTEND PATENTS IN INSTANCES OF MORE THAN 10 
              YEAR APPLICATION PENDENCY FOR REISSUED PATENTS.

    Section 154(b) of title 35, United States Code, is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following new 
        subparagraph:
            ``(3) Authority to extend a patent when application for 
        reissue is pending for 10 or more years.--If the reissue of a 
        patent is delayed due to the failure of the United States 
        Patent and Trademark Office to reissue the patent within 10 
        years after the actual filing of the application for reissue in 
        the United States, the Director may extend the term of the 
        reissued patent for a period not to exceed two years.''.
                                 <all>