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Code · BILL · 113th Congress · S. 1720 (Introduced in Senate) — To promote transparency in patent ownership and make other improvements to the patent system, and for other purposes. · Sec. 7

Sec. 7. Improved post-issuance procedures

398 words·~2 min read·/bill/113/s/1720/is/section-7·

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Section 325(e)(2) of title 35, United States Code, is amended by striking or reasonably could have raised . Section 316(a) of title 35, United States Code, is amended— in paragraph (12), by striking ; and and inserting a semicolon; in paragraph (13), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: providing that for all purposes under this chapter— each claim of a patent shall be construed as such claim would be in a civil action to invalidate a patent under section 282(b), including construing each claim of the patent in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent; and if a court has previously construed the claim or a claim term in a civil action in which the patent owner was a party, the Office shall consider such claim construction. .
Section 326(a) of title 35, United States Code, is amended— in paragraph (11), by striking ; and and inserting a semicolon; in paragraph (12), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: providing that for all purposes under this chapter— each claim of a patent shall be construed as such claim would be in a civil action to invalidate a patent under section 282(b), including construing each claim of the patent in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent; and if a court has previously construed the claim or a claim term in a civil action in which the patent owner was a party, the Office shall consider such claim construction. .
Section 18(a)(1)(A) of the Leahy-Smith America Invents Act ( Public Law 112–29 ; 126 Stat. 329) is amended by striking Section 321(c) and inserting Sections 321(c) and 326(a)(13) . The amendments made by this subsection shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act, and shall apply to any proceeding under chapter 31 or 32 of title 35, United States Code, for which the petition for review is filed on or after such effective date.
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  • Pub. L. 112-29
  • 126 Stat. 329
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Sec. 7
Improved post-issuance procedures
Pub. L.Pub. L. 112-29
Stat.126 Stat. 329
Cites 2Cited by 0 across 0 sources
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