A bill to amend title 35 of the United States Code to provide for public examination and review of claims relating to applications for patents.

Summary

Directs the Commissioner of Patents to open to public inspection the record of any patent issued. Stipulates that the Commissioner's determination whether or not to reexamine a patent is final and not reviewable in any court. Permits, under specified conditions, a patent owner to cancel claims or to present new or amended claims. Allows reliance on prior art in a civil action involving an issue of patent validity where such art is identified to the court. Allows the stay of proceedings to permit reexamination. Permits appeal to the Board of Appeals by a patent owner with a claim which has been at least twice rejected by a primary examiner responsbile for reexamining a patent. Allows appellate review of final decisions of the Board of Appeals. Directs the Commissioner to issue and publish a certificate of patent status when the time for filing a response has expired in a reexamination proceeding without such response being filed. Empowers courts to determine the effect of reexamination of patents on any intervening rights. Directs that any party challenging a patent on the basis of submittable information not submitted during the public inspection and protest period be assessed at least a part of the costs and the patent owner's reasonable attorneys' fees in any civil action or appeal if the patent owner proves the challenging party knowingly withheld such information and was, during such period, manufacturing, using, or selling within the field of the invention. (Adds 35 U.S.C. 147-153, 294; Amends 35 U.S.C. 41, 282)

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1 official file

• Introduced in House

  summary · EN · 5 February 1976

  Open at official source

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