Committee Reports
112th Congress (2011-2012)
House Report 112-098 - Part 1
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Table of Contents
Beginning
THE AMENDMENT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
SEC. 2. DEFINITIONS.
SEC. 3. FIRST INVENTOR TO FILE.
`Sec. 102. Conditions for patentability; novelty
`Sec. 103. Conditions for patentability; non-obvious subject matter
`Sec. 291. Derived Patents
`Sec. 135. Derivation proceedings
`Sec. 134. Appeal to the Patent Trial and Appeal Board'.
`Sec. 146. Civil action in case of derivation proceeding'.
SEC. 4. INVENTOR'S OATH OR DECLARATION.
`Sec. 115. Inventor's oath or declaration
`Sec. 118. Filing by other than inventor
SEC. 5. DEFENSE TO INFRINGEMENT BASED ON EARLIER INVENTOR.
SEC. 6. POST-GRANT REVIEW PROCEEDINGS.
`CHAPTER 31--INTER PARTES REVIEW
`Sec. 311. Inter partes review
`Sec. 312. Petitions
`Sec. 313. Preliminary response to petition
`Sec. 314. Institution of inter partes review
`Sec. 315. Relation to other proceedings or actions
`Sec. 316. Conduct of inter partes review
`Sec. 317. Settlement
`Sec. 318. Decision of the Board
`Sec. 319. Appeal
`CHAPTER 32--POST-GRANT REVIEW
`Sec. 321. Post-grant review
`Sec. 322. Petitions
`Sec. 323. Preliminary response to petition
`Sec. 324. Institution of post-grant review
`Sec. 325. Relation to other proceedings or actions
`Sec. 326. Conduct of post-grant review
`Sec. 327. Settlement
`Sec. 328. Decision of the Board
`Sec. 329. Appeal
`Sec. 301. Citation of prior art and written statements
SEC. 7. PATENT TRIAL AND APPEAL BOARD.
`Sec. 6. Patent Trial and Appeal Board
`Sec. 141. Appeal to Court of Appeals for the Federal Circuit
SEC. 8. PREISSUANCE SUBMISSIONS BY THIRD PARTIES.
SEC. 9. VENUE.
SEC. 10. FEE SETTING AUTHORITY.
`Sec. 123. Micro entity defined
SEC. 11. FEES FOR PATENT SERVICES.
SEC. 12. SUPPLEMENTAL EXAMINATION.
`Sec. 257. Supplemental examinations to consider, reconsider, or correct information
SEC. 13. FUNDING AGREEMENTS.
SEC. 14. TAX STRATEGIES DEEMED WITHIN THE PRIOR ART.
SEC. 15. BEST MODE REQUIREMENT.
SEC. 16. MARKING.
SEC. 17. ADVICE OF COUNSEL.
`Sec. 298. Advice of counsel
SEC. 18. TRANSITIONAL PROGRAM FOR COVERED BUSINESS METHOD PATENTS.
SEC. 19. JURISDICTION AND PROCEDURAL MATTERS.
`Sec. 1454. Patent, plant variety protection, and copyright cases
`Sec. 1632. Transfer by the Court of Appeals for the Federal Circuit
`Sec. 299. Joinder of parties
SEC. 20. TECHNICAL AMENDMENTS.
SEC. 21. TRAVEL EXPENSES AND PAYMENT OF ADMINISTRATIVE JUDGES.
SEC. 22. PATENT AND TRADEMARK OFFICE FUNDING.
SEC. 23. SATELLITE OFFICES.
SEC. 24. DESIGNATION OF DETROIT SATELLITE OFFICE.
SEC. 25. PATENT OMBUDSMAN PROGRAM FOR SMALL BUSINESS CONCERNS.
SEC. 26. PRIORITY EXAMINATION FOR TECHNOLOGIES IMPORTANT TO AMERICAN COMPETITIVENESS.
SEC. 27. CALCULATION OF 60-DAY PERIOD FOR APPLICATION OF PATENT TERM EXTENSION.
SEC. 28. STUDY ON IMPLEMENTATION.
SEC. 29. PRO BONO PROGRAM.
SEC. 30. EFFECTIVE DATE.
SEC. 31. BUDGETARY EFFECTS.
PURPOSE AND SUMMARY
BACKGROUND AND NEED FOR THE LEGISLATION
HEARINGS
COMMITTEE CONSIDERATION
COMMITTEE VOTES
COMMITTEE OVERSIGHT FINDINGS
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
SUMMARY
ESTIMATED COST TO THE FEDERAL GOVERNMENT
BASIS OF ESTIMATE
REVENUES
PAY-AS-YOU-GO CONSIDERATIONS
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
PREVIOUS CBO ESTIMATE
ESTIMATE PREPARED BY:
ESTIMATE APPROVED BY:
PERFORMANCE GOALS AND OBJECTIVES
ADVISORY ON EARMARKS
SECTION-BY-SECTION
Sec. 312 and 322. Petitions for review shall explain the basis for seeking review, shall identify the petitioner's real parties...Sec. 313 and 323. Patent owners may file a response to a petition for reviewing explaining why a review should not be instituted.
Sec. 316 and 326. (a) The Director shall prescribe regulations that make the file in proceedings public; define standards...AGENCY VIEWS
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
TITLE 35, UNITED STATES CODE
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
Sec. 2. Powers and duties
Sec. 3. Officers and employees
[Struck out->][ Sec. 6. Board of Patent Appeals and Interferences ][<-Struck out]
Sec. 6. Patent Trial and Appeal Board
Sec. 12. Copies of patents and applications for public libraries
CHAPTER 3--PRACTICE BEFORE PATENT AND TRADEMARK OFFICE
Sec. 32. Suspension or exclusion from practice
CHAPTER 4--PATENT FEES; FUNDING; SEARCH SYSTEMS
Sec. 41. Patent fees; patent and trademark search systems
Sec. 42. Patent and Trademark Office funding
CHAPTER 10--PATENTABILITY OF INVENTIONS
Sec. 100. Definitions
[Struck out->][ Sec. 102. Conditions for patentability; novelty and loss of right to patent ][<-Struck out]
[Struck out->][ Sec. 103. Conditions for patentability; non-obvious subject matter ][<-Struck out]
[Struck out->][ Sec. 104. Invention made abroad ][<-Struck out]
Sec. 102. Conditions for patentability; novelty
Sec. 103. Conditions for patentability; non-obvious subject matter
CHAPTER 11--APPLICATION FOR PATENT
Sec. 111. Application
Sec. 112. Specification
[Struck out->][ Sec. 115. Oath of applicant ][<-Struck out]
Sec. 115. Inventor's oath or declaration
Sec. 116. Inventors
[Struck out->][ Sec. 118. Filing by other than inventor ][<-Struck out]
Sec. 118. Filing by other than inventor
Sec. 119. Benefit of earlier filing date; right of priority
Sec. 120. Benefit of earlier filing date in the United States
Sec. 121. Divisional applications
Sec. 122. Confidential status of applications; publication of patent applications
Sec. 123. Micro entity defined
CHAPTER 12--EXAMINATION OF APPLICATION
Sec. 132. Notice of rejection; reexamination
[Struck out->][ Sec. 134. Appeal to the Board of Patent Appeals and Interferences ][<-Struck out]
Sec. 134. Appeal to the Patent Trial and Appeal Board
[Struck out->][ Sec. 135. Interferences ][<-Struck out]
Sec. 135. Derivation proceedings
CHAPTER 13--REVIEW OF PATENT AND TRADEMARK OFFICE DECISIONS
[Struck out->][ Sec. 141. Appeal to Court of Appeals for the Federal Circuit ][<-Struck out]
Sec. 141. Appeal to Court of Appeals for the Federal Circuit
Sec. 143. Proceedings on appeal
Sec. 145. Civil action to obtain patent
[Struck out->][ Sec. 146. Civil action in case of interference ][<-Struck out]
Sec. 146. Civil action in case of derivation proceeding
CHAPTER 14--ISSUE OF PATENT
Sec. 154. Contents and term of patent; provisional rights
Sec. 155A. Patent term restoration
Sec. 156. Extension of patent term
[Struck out->][ Sec. 157. Statutory invention registration ][<-Struck out]
CHAPTER 15--PLANT PATENTS
Sec. 162. Description, claim
CHAPTER 16--DESIGNS
Sec. 172. Right of priority
CHAPTER 17--SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN FOREIGN COUNTRY
Sec. 182. Abandonment of invention for unauthorized disclosure
Sec. 183. Right to compensation
Sec. 184. Filing of application in foreign country
Sec. 185. Patent barred for filing without license
Sec. 186. Penalty
CHAPTER 18--PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE
Sec. 202. Disposition of rights
Sec. 207. Domestic and foreign protection of federally owned inventions
Sec. 209. Licensing federally owned inventions
Sec. 210. Precedence of chapter
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 25--AMENDMENT AND CORRECTION OF PATENTS
Sec. 251. Reissue of defective patents
Sec. 253. Disclaimer
Sec. 256. Correction of named inventor
Sec. 257. Supplemental examinations to consider, reconsider, or correct information
CHAPTER 27--GOVERNMENT INTERESTS IN PATENTS
Sec. 267. Time for taking action in Government applications
CHAPTER 28--INFRINGEMENT OF PATENTS
Sec. 273. Defense to infringement based on earlier inventor
CHAPTER 29--REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS
Sec. 282. Presumption of validity; defenses
Sec. 284. Damages
Sec. 287. Limitation on damages and other remedies; marking and notice
Sec. 288. Action for infringement of a patent containing an invalid claim
[Struck out->][ Sec. 291. Interfering patents ][<-Struck out]
Sec. 291. Derived Patents
Sec. 292. False marking
Sec. 293. Nonresident patentee; service and notice
Sec. 294. Voluntary arbitration
Sec. 298. Advice of counsel
Sec. 299. Joinder of parties
CHAPTER 30--PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS
[Struck out->][ Sec. 301. Citation of prior art ][<-Struck out]
Sec. 301. Citation of prior art and written statements
Sec. 302. Request for reexamination
Sec. 303. Determination of issue by Director
Sec. 304. Reexamination order by Director
Sec. 305. Conduct of reexamination proceedings
Sec. 306. Appeal
Sec. 307. Certificate of patentability, unpatentability, and claim cancellation
[Struck out->][ CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES ][<-Struck out]
[Struck out->][ Sec. 311. Request for inter partes reexamination ][<-Struck out]
[Struck out->][ Sec. 312. Determination of issue by Director ][<-Struck out]
[Struck out->][ Sec. 313. Inter partes reexamination order by Director ][<-Struck out]
[Struck out->][ Sec. 314. Conduct of inter partes reexamination proceedings ][<-Struck out]
[Struck out->][ Sec. 315. Appeal ][<-Struck out]
[Struck out->][ Sec. 316. Certificate of patentability, unpatentability, and claim cancellation ][<-Struck out]
[Struck out->][ Sec. 317. Inter partes reexamination prohibited ][<-Struck out]
[Struck out->][ Sec. 318. Stay of litigation ][<-Struck out]
CHAPTER 31--INTER PARTES REVIEW
Sec. 311. Inter partes review
Sec. 312. Petitions
Sec. 313. Preliminary response to petition
Sec. 314. Institution of inter partes review
Sec. 315. Relation to other proceedings or actions
Sec. 316. Conduct of inter partes review
Sec. 317. Settlement
Sec. 318. Decision of the Board
Sec. 319. Appeal
CHAPTER 32--POST-GRANT REVIEW
Sec. 321. Post-grant review
Sec. 322. Petitions
Sec. 323. Preliminary response to petition
Sec. 324. Institution of post-grant review
Sec. 325. Relation to other proceedings or actions
Sec. 326. Conduct of post-grant review
Sec. 327. Settlement
Sec. 328. Decision of the Board
Sec. 329. Appeal
PART IV--PATENT COOPERATION TREATY
CHAPTER 36--INTERNATIONAL STAGE
Sec. 363. International application designating the United States: Effect
Sec. 365. Right of priority; benefit of the filing date of a prior application
Sec. 368. Secrecy of certain inventions; filing international applications in foreign countries
CHAPTER 37--NATIONAL STAGE
Sec. 371. National stage: Commencement
Sec. 372. National stage: Requirements and procedure
Sec. 373. Improper applicant
Sec. 374. Publication of international application
Sec. 375. Patent issued on international application: Effect
TITLE 28, UNITED STATES CODE
PART IV--JURISDICTION AND VENUE
CHAPTER 83--COURTS OF APPEALS
Sec. 1295. Jurisdiction of the united states court of appeals for the federal circuit
CHAPTER 85--COURTS OF APPEALS
Sec. 1338. Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition
CHAPTER 89--DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
Sec. 1454. Patent, plant variety protection, and copyright cases
CHAPTER 99--GENERAL PROVISIONS
Sec. 1632. Transfer by the Court of Appeals for the Federal Circuit
TRADEMARK ACT OF 1946
TITLE I--THE PRINCIPAL REGISTER
CONSOLIDATED APPROPRIATIONS ACT, 2005
DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
TITLE VIII--PATENT AND TRADEMARK FEES
SEC. 802. ADJUSTMENT OF TRADEMARK FEES.
SEC. 803. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL PROVISION.
DISSENTING VIEWS
ADDITIONAL VIEWS
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