Page:United States Statutes at Large Volume 113 Part 2.djvu/1085

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PUBLIC LAW 106-113—APPENDIX I 113 STAT. 150LA-567 the date of the enactment of this Act and shall apply to all applications filed under section 111 of title 35, United States Code, on or after that date, and all applications complying with section 371 of title 35, United States Code, that resulted from international applications filed on or after that date. The amendments made by sections 4504 and 4505 shall apply to any such application voluntarily published by the applicant under procedures established under this subtitle that is pending on the date that is 1 year after the date of the enactment of this Act. The amendment made by section 4504 shall also apply to international applications designating the United States that are filed on or after the date that is 1 year after the date of the enactment of this AiCt. Subtitle F—Optional Inter Partes Rexamination Procedure SEC. 4601. SHORT TITLE. This subtitle may be cited as the "Optional Inter Partes Rexamination Procedure Act of 1999". SEC. 4602. EX PARTE REXAMINATION OF PATENTS. The chapter heading for chapter 30 of title 35, United States Code, is amended by inserting "EX PARTE" before "REEXAMINA- TION OF PATENTS". SEC. 4603. DEFINITIONS. Section 100 of title 35, United States Code, is amended by adding at the end the following new subsection: "(e) The term 'third-party requester' means a person requesting ex parte rexamination under section 302 or inter partes rexamination under section 311 who is not the patent owner.". SEC. 4604. OPTIONAL INTER PARTES REXAMINATION PROCEDURES. (a) IN GENERAL.—Part 3 of title 35, United States Code, is amended by adding after chapter 30 the following new chapter: "CHAPTER 31—OPTIONAL INTER PARTES REXAMINATION PROCEDURES "Sec. "311. Request for inter partes rexamination. "312. Deiennination of issue by Director. "313. Inter partes rexamination order by Director. "314. Conduct of inter partes rexamination proceedings. "315. Appeal. "316. Certificate of patentability, unpatentability, and claim cancellation. "317. Inter partes rexamination prohibited. "318. Stay of litigation.

    • § 311. Request for inter partes rexamination

"(a) IN GENERAL.—Any person at any time may file a request for inter partes rexamination by the Office of a patent on the basis of any prior art cited under the provisions of section 301. "(b) REQUIREMENTS. — The request shall— "(1) be in writing, include the identity of the real party in interest, and be accompanied by payment of an inter partes rexamination fee established by the Director under section 41; and