HR 1249
6-23-11, House Passed Bill as Amended, 304-117

112th CONGRESS
1st Session

H. R. 1249

To amend title 35, United States Code, to provide for patent reform.

IN THE HOUSE OF REPRESENTATIVES

March 30, 2011

Mr. SMITH of Texas (for himself, Mr. GOODLATTE, and Mr. ISSA) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend title 35, United States Code, to provide for patent reform.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

SEC. 2. FIRST INVENTOR TO FILE.

`Sec. 102. Conditions for patentability; novelty

`Sec. 103. Conditions for patentability; nonobvious 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. 3. INVENTOR'S OATH OR DECLARATION.

`Sec. 115. Inventor's oath or declaration

`Sec. 118. Filing by other than inventor

SEC. 4. DEFENSE TO INFRINGEMENT BASED ON EARLIER INVENTOR.

SEC. 5. 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

`Sec. 320. Request for stay of certain proceedings

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`31. 
Inter Partes Review 311.' 
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`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. 330. Request for stay of certain proceedings

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`32. 
Post-Grant Review 321.' 
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`Sec. 301. Citation of prior art and written statements

SEC. 6. PATENT TRIAL AND APPEAL BOARD.

`Sec. 6. Patent Trial and Appeal Board

`Sec. 141. Appeal to the Court of Appeals for the Federal Circuit

SEC. 7. PREISSUANCE SUBMISSIONS BY THIRD PARTIES.

SEC. 8. VENUE.

SEC. 9. FEE SETTING AUTHORITY.

`Sec. 123. Micro entity defined.

SEC. 10. FEES FOR PATENT SERVICES.

SEC. 11. SUPPLEMENTAL EXAMINATION.

`Sec. 257. Supplemental examinations to consider, reconsider, or correct information

SEC. 12. FUNDING AGREEMENTS.

SEC. 13. TAX STRATEGIES DEEMED WITHIN THE PRIOR ART.

SEC. 14. BEST MODE REQUIREMENT.

SEC. 15. MARKING.

SEC. 16. ADVICE OF COUNSEL.

`Sec. 298. Advice of counsel

SEC. 17. OWNERSHIP; ASSIGNMENT.

SEC. 18. TRANSITIONAL PROGRAM FOR COVERED BUSINESS METHOD PATENTS.

SEC. 19. CLARIFICATION OF JURISDICTION.

`Sec. 1454. Patent, plant variety protection, and copyright cases

`Sec. 1632. Transfer by the Court of Appeals for the Federal Circuit

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. PATENT OMBUDSMAN PROGRAM FOR SMALL BUSINESS CONCERNS.

SEC. 25. PRIORITY EXAMINATION FOR TECHNOLOGIES IMPORTANT TO AMERICAN COMPETITIVENESS.

SEC. 26. DESIGNATION OF DETROIT SATELLITE OFFICE.

SEC. 27. EFFECTIVE DATE.

SEC. 28. BUDGETARY EFFECTS.

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