Sec. 9. Codification of the double-patenting doctrine for first-inventor-to-file patents
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Chapter 10 of title 35, United States Code, is amended by adding at the end the following new section: A claimed invention of a patent issued under section 151 (referred to in this section as the first patent ) that is not prior art to a claimed invention of another patent (referred to in this section as the second patent ) shall be considered prior art to the claimed invention of the second patent for the purpose of determining the nonobviousness of the claimed invention of the second patent under section 103 if— the claimed invention of the first patent was effectively filed under section 102(d) on or before the effective filing date of the claimed invention of the second patent; either— the first patent and the second patent name the same inventor; or the claimed invention of the first patent would constitute prior art to the claimed invention of the second patent under section 102(a)(2) if an exception under section 102(b)(2) were deemed to be inapplicable and the claimed invention of the first patent was, or were deemed to be, effectively filed under section 102(d) before the effective filing date of the claimed invention of the second patent; and the patentee of the second patent has not disclaimed the rights to enforce the second patent independently from, and beyond the statutory term of, the first patent. .
The Director shall promulgate regulations setting forth the form and content of any disclaimer required for a patent to be issued in compliance with section 106 of title 35, United States Code, as added by subsection (a). Such regulations shall apply to any disclaimer filed after a patent has issued. A disclaimer, when filed, shall be considered for the purpose of determining the validity of the patent under section 106 of title 35, United States Code. The table of sections for chapter 10 of title 35, United States Code, is amended by adding at the end the following new item: 106.
Prior art in cases of double patenting. . A patent subject to section 106 of title 35, United States Code, as added by subsection (a), shall not be held invalid on any nonstatutory, double-patenting ground. The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to a patent or patent application only if both the first and second patents described in section 106 of title 35, United States Code, as added by subsection (a), are patents or patent applications that are described in section 3(n)(1) of the Leahy-Smith America Invents Act ( 35 U.S.C. 100 note).
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Sec. 9
Codification of the double-patenting doctrine for first-inventor-to-file patents
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