Patent and Trademark Office Authorization Act of 2002

Summary

Patent and Trademark Office Authorization Act of 2002 - Authorizes appropriations to the U.S. Patent and Trademark Office for salaries and expenses for FY 2002 through 2007 in an amount equal to all patent and trademark fees estimated by the Secretary of Commerce to be collected in each such fiscal year. Requires the Under Secretary of Commerce for Intellectual Property and the Director of the Office (Director), by February 15 of each fiscal year, to report an estimate of all fees to be collected in the next fiscal year to the chairman and ranking member of specified congressional committees. Requires the Director to develop an electronic system for the filing and processing of patent and trademark applications that: (1) is user friendly; and (2) includes the necessary infrastructure to allow examiners and applicants to send all communications electronically, and to allow the Office to process, maintain, and search electronically the contents and history of each application. Requires the Director to develop and report to specified congressional committees on a five-year strategic plan to: (1) enhance patent and trademark quality; (2) reduce patent and trademark pendency; and (3) develop and implement an effective electronic system for use by the Office and the public for all aspects of the patent and trademark processes, including searching, examining, communicating, publishing, and making publicly available, patents and trademark registrations. Amends Federal patent law to provide that previous citation by or to, or consideration by the Office of, a patent or printed publication does not preclude the existence of a substantial new question of patentability in patent reexamination proceedings. Amends Federal patent law with respect to appeals in inter partes reexamination proceedings to allow a third-party requester to: (1) appeal to the U.S. Court of Appeals for the Federal Circuit, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; and (2) be a party to any appeal taken by the patent owner, subject to the estoppel to assert at a later time in any civil action the invalidity of any claim finally determined to be valid and patentable on any ground which he or she raised or could have raised during such proceeding. Allows a third-party requester to appeal a decision of the Board of Patent Appeals and Interferences. Provides that a third-party requester in an inter partes reexamination proceeding dissatisfied with the final decision in an appeal to the Board may appeal the decision only to the U.S. Court of Appeals for the Federal Circuit.

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Documents

9 official files

• Engrossed in Senate (text)

  Engrossed in Senate · EN · 26 June 2002

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• Engrossed in Senate (PDF)

  Engrossed in Senate · EN · 26 June 2002

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• Passed Senate amended

  summary · EN · 26 June 2002

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• Reported to Senate (text)

  Reported to Senate · EN · 20 June 2002

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• Reported to Senate (PDF)

  Reported to Senate · EN · 20 June 2002

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• Reported to Senate with amendment(s)

  summary · EN · 20 June 2002

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• Introduced in Senate (text)

  Introduced in Senate · EN · 30 November 2001

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 30 November 2001

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• Introduced in Senate

  summary · EN · 30 November 2001

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