117 HR 5902 IH: Conducting Legally Efficient Administration and Resolution of Patents Act of 2021 U.S. House of Representatives 2021-11-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 5902IN THE HOUSE OF REPRESENTATIVESNovember 5, 2021Mr. Issa introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 35, United States Code, to clarify the relation of Inter Partes Review proceedings and Post-Grant Review proceedings to other administrative proceedings, and for other purposes.

1.

Short title

This Act may be cited as the Conducting Legally Efficient Administration and Resolution of Patents Act of 2021 or the CLEAR Patents Act of 2021.

2.

Relation of Inter Partes Review proceedings and Post-Grant Review proceedings to other administrative proceedings

(a)

In general

Title 35, United States Code, is amended—(1)in section 315, by adding at the end the following: (f)

Relation to other administrative proceedings

If the Director institutes an inter partes review of a patent, any proceeding before a Federal agency (as that term is defined in section 201) that would be materially affected by one or more of the claims of the patent being cancelled under such review shall be stayed until a final written decision by the Board is issued under such review or such review is otherwise terminated. ; and (2)in section 325, by adding at the end the following: (f)

Relation to other administrative proceedings

If the Director institutes a post-grant review of a patent, any proceeding before a Federal agency (as that term is defined in section 201) that would be materially affected by one or more of the claims of the patent being cancelled shall be stayed until a final written decision by the Board is issued under such review or such review is otherwise terminated..(b)

Application

This section, and the amendments made by this section, shall apply with respect to—(1)an inter partes review proceeding or post-grant review proceeding initiated on or after the date of the enactment of this Act; and(2)a proceeding before a Federal agency initiated on or after the date that is 6 months before the date of the enactment of this Act.