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Bill107th CongressFiled Nov 30, 2001Commerce
S. 1754

Patent and Trademark Office Authorization Act of 2002

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What it doesSummary passed senate amended (Jun 26, 2002)

Patent and Trademark Office Authorization Act of 2002 - Authorizes appropriations to the U.S. Patent and Trademark Office for salaries and expenses for FY 2003 through 2008 in an amount equal to all patent and trademark fees estimated by the Secretary of Commerce (Secretary) to be collected in each such fiscal year.

(Sec. 2) 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.

(Sec. 3) Requires the Director, by December 1, 2004, to complete the development of 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 the Office to process, maintain, and search electronically the contents and history of each application. Authorizes appropriations for FY 2003 and 2004 for development of such system.

(Sec. 4) Requires the Secretary, in each of the five calendar years following the enactment of this Act, to report to specified congressional committees on the progress made in implementing the 21st Century Strategic Plan issued on June 3, 2002, and on any amendments made to it.

(Sec. 5) 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.

(Sec. 6) Revises requirements for appeals in inter partes reexamination proceedings to allow a third-party requester to appeal to the U.S. Court of Appeals for the Federal Circuit, or be a party to any appeal taken by the patent owner, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent.

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.

What just happenedJun 27, 2002

Held at the desk.

Who’s behind it

Sen. Leahy, Patrick J. [D-VT](D-VT)Sponsor
5 cosponsors3 D2 R
Read on Congress.gov
5cosponsors1committees14actions2related bills23subjects
  1. Jun 27, 2002FloorH15000

    Held at the desk.

  2. Jun 27, 2002Floor

    Message on Senate action sent to the House.

  3. Jun 27, 2002FloorH14000

    Received in the House.

  4. Jun 26, 2002Floor

    Passed Senate with an amendment and an amendment to the Title by Unanimous Consent. (text: CR S6175-6176)

  5. Jun 26, 2002Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.(text: CR S6175-6176)

  6. Jun 26, 2002Floor

    The committee substitute agreed to by Unanimous Consent.

  7. Jun 26, 2002Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S6175-6176)

  8. Jun 20, 2002Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 426.

  9. Jun 20, 2002Committee

    Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute and an amendment to the title. Without written report.

    Judiciary Committee
  10. Jun 20, 2002Committee14000

    Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute and an amendment to the title. Without written report.

    Judiciary Committee
  11. Jun 20, 2002Committee

    Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  12. Nov 30, 2001IntroReferral

    Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  13. Nov 30, 2001IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S12261-12263)

  14. Nov 30, 2001IntroReferral10000

    Introduced in Senate

Passed Senate amendedJun 26, 200235
Patent and Trademark Office Authorization Act of 2002 - Authorizes appropriations to the U.S. Patent and Trademark Office for salaries and expenses for FY 2003 through 2008 in an amount equal to all patent and trademark fees estimated by the Secretary of Commerce (Secretary) to be collected in each such fiscal year.

(Sec. 2) 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.

(Sec. 3) Requires the Director, by December 1, 2004, to complete the development of 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 the Office to process, maintain, and search electronically the contents and history of each application. Authorizes appropriations for FY 2003 and 2004 for development of such system.

(Sec. 4) Requires the Secretary, in each of the five calendar years following the enactment of this Act, to report to specified congressional committees on the progress made in implementing the 21st Century Strategic Plan issued on June 3, 2002, and on any amendments made to it.

(Sec. 5) 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.

(Sec. 6) Revises requirements for appeals in inter partes reexamination proceedings to allow a third-party requester to appeal to the U.S. Court of Appeals for the Federal Circuit, or be a party to any appeal taken by the patent owner, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent.

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.

Reported to Senate with amendment(s)Jun 20, 200201
Patent and Trademark Office Authorization Act of 2002 - Authorizes appropriations to the U.S. Patent and Trademark Office for salaries and expenses for FY 2003 through 2008 in an amount equal to all patent and trademark fees estimated by the Secretary of Commerce (Secretary) to be collected in each such fiscal year.

(Sec. 2) 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.

(Sec. 3) Requires the Director, by December 1, 2004, to complete the development of 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 the Office to process, maintain, and search electronically the contents and history of each application. Authorizes appropriations for FY 2003 and 2004 for development of such system.

(Sec. 4) Requires the Secretary, in each of the five calendar years following the enactment of this Act, to report to specified congressional committees on the progress made in implementing the 21st Century Strategic Plan issued on June 3, 2002, and on any amendments made to it.

(Sec. 5) 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.

(Sec. 6) Revises requirements for appeals in inter partes reexamination proceedings to allow a third-party requester to appeal to the U.S. Court of Appeals for the Federal Circuit, or be a party to any appeal taken by the patent owner, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent.

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.

Introduced in SenateNov 30, 200100
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.