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108hr4418ih | (IV) Enforcing section 337 of the Tariff Act of 1930 and provisions relating to import quotas and the marking of imported merchandise, and providing Customs Recordations for copyrights, patents, and trademarks. (V) Collecting accurate import data for compilation of international trade statistics. (VI) Enforcing recipro... |
108hr4418ih | (VII) Functions performed by the following personnel, and associated support staff, of the United States Customs Service prior to the establishment of the Bureau of Customs and Border Protection: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialists, Fines and Penalties Specialists, a... |
108hr4418ih | (VIII) Functions performed by the following offices, with respect to any function described in any of subclauses (I) through (VII), and associated support staff, of the United States Customs Service prior to the establishment of the Bureau of Customs and Border Protection: the Office of Information and Technology, the ... |
108hr4418ih | (2) Bureau of immigration and customs enforcement
There are authorized to be appropriated for the salaries and expenses of the Bureau of Immigration and Customs Enforcement not to exceed the following: (A) $4,011,000,000 for fiscal year 2005. (B) $4,335,891,000 for fiscal year 2006.. 102. Establishment and implementat... |
108hr4418ih | Establishment and implementation of cost accounting system; reports
(a) Establishment and Implementation; Customs and Border Protection
(1) In general
Not later than September 30, 2005, the Commissioner of Customs shall, in accordance with the audit of the Customs Service's fiscal years 2000 and 1999 financial state... |
108hr4418ih | establish and implement a cost accounting system— (A) for expenses incurred in both commercial and noncommercial operations of the Bureau of Customs and Border Protection of the Department of Homeland Security, which system should specifically identify and distinguish expenses incurred in commercial operations and expe... |
108hr4418ih | (2) Additional requirement
The cost accounting system described in paragraph (1) shall provide for an identification of expenses based on the type of operation, the port at which the operation took place, the amount of time spent on the operation by personnel of the Bureau of Customs and Border Protection, and an iden... |
108hr4418ih | in accordance with the audit of the Customs Service's fiscal years 2000 and 1999 financial statements (as contained in the report of the Office of Inspector General of the Department of the Treasury issued on February 23, 2001), establish and implement a cost accounting system— (A) for expenses incurred in both commerc... |
108hr4418ih | (B) for expenses incurred both in administering and enforcing the customs laws of the United States and the Federal immigration laws, which system should specifically identify and distinguish expenses incurred in administering and enforcing the customs laws of the United States and the expenses incurred in administerin... |
108hr4418ih | (2) Additional requirement
The cost accounting system described in paragraph (1) shall provide for an identification of expenses based on the type of operation, the amount of time spent on the operation by personnel of the Bureau of Immigration and Customs Enforcement, and an identification of expenses based on any ot... |
108hr4418ih | (c) Reports
(1) Development of the cost accounting systems
Beginning on the date of the enactment of the Customs Border Security Act of 2004 and ending on the date on which the cost accounting systems described in subsections (a) and (b) are fully implemented, the Commissioner of Customs and the Assistant Secretary f... |
108hr4418ih | (2) Annual reports
Beginning one year after the date on which the cost accounting systems described in subsections (a) and (b) are fully implemented, the Commissioner of Customs and the Assistant Secretary for United States Immigration and Customs Enforcement, respectively, shall prepare and submit to Congress on an a... |
108hr4418ih | (3) Office of the Inspector General
Not later than March 31, 2006, the Inspector General of the Department of Homeland Security shall prepare and submit to Congress a report analyzing the level of compliance with this section and detailing any additional steps that should be taken to improve compliance with this secti... |
108hr4418ih | in accordance with the audit of the Customs Service's fiscal years 2000 and 1999 financial statements (as contained in the report of the Office of Inspector General of the Department of the Treasury issued on February 23, 2001), establish and implement a cost accounting system— (A) for expenses incurred in both commerc... |
108hr4418ih | and (B) for expenses incurred both in administering and enforcing the customs laws of the United States and the Federal immigration laws, which system should specifically identify and distinguish expenses incurred in administering and enforcing the customs laws of the United States and the expenses incurred in administ... |
108hr4418ih | (2) Additional requirement
The cost accounting system described in paragraph (1) shall provide for an identification of expenses based on the type of operation, the port at which the operation took place, the amount of time spent on the operation by personnel of the Bureau of Customs and Border Protection, and an iden... |
108hr4418ih | in accordance with the audit of the Customs Service's fiscal years 2000 and 1999 financial statements (as contained in the report of the Office of Inspector General of the Department of the Treasury issued on February 23, 2001), establish and implement a cost accounting system— (A) for expenses incurred in both commerc... |
108hr4418ih | (B) for expenses incurred both in administering and enforcing the customs laws of the United States and the Federal immigration laws, which system should specifically identify and distinguish expenses incurred in administering and enforcing the customs laws of the United States and the expenses incurred in administerin... |
108hr4418ih | (2) Additional requirement
The cost accounting system described in paragraph (1) shall provide for an identification of expenses based on the type of operation, the amount of time spent on the operation by personnel of the Bureau of Immigration and Customs Enforcement, and an identification of expenses based on any ot... |
108hr4418ih | (c) Reports
(1) Development of the cost accounting systems
Beginning on the date of the enactment of the Customs Border Security Act of 2004 and ending on the date on which the cost accounting systems described in subsections (a) and (b) are fully implemented, the Commissioner of Customs and the Assistant Secretary f... |
108hr4418ih | (2) Annual reports
Beginning one year after the date on which the cost accounting systems described in subsections (a) and (b) are fully implemented, the Commissioner of Customs and the Assistant Secretary for United States Immigration and Customs Enforcement, respectively, shall prepare and submit to Congress on an a... |
108hr4418ih | (3) Office of the Inspector General
Not later than March 31, 2006, the Inspector General of the Department of Homeland Security shall prepare and submit to Congress a report analyzing the level of compliance with this section and detailing any additional steps that should be taken to improve compliance with this secti... |
108hr4418ih | Study and report relating to customs user fees
(a) Study
Beginning 180 days after the date on which the cost accounting systems described in section 334 of the Customs and Border Security Act of 2002 (as amended by section 102 of this Act) are fully implemented, the Comptroller General shall conduct a study on the ex... |
108hr4418ih | 58c(a) ) approximates the cost of services provided by the Bureau of Customs and Border Protection of the Department of Homeland Security relating to the fee so imposed. The study shall include an analysis of the use of each such customs user fee by the Bureau of Customs and Border Protection. |
108hr4418ih | (b) Report
Not later than one year after the date on which the cost accounting systems described in section 334 of the Customs and Border Security Act of 2002 are fully implemented, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of t... |
108hr4418ih | 111. Entry of merchandise
(a) In general
Subsection (a) of section 484 of the Tariff Act of 1930 ( 19 U.S.C. 1484 ) is amended— (1) in paragraph (1)(B), by inserting after entry the following: , or substitute 1 or more reconfigured entries on an import activity summary statement, ; and (2) in paragraph (2)(A)— (A) in... |
108hr4418ih | and (B) by adding at the end the following: Entries filed under paragraph (1)(A) shall not be liquidated if covered by an import activity summary statement, but instead each reconfigured entry in the import activity summary statement shall be subject to liquidation or reliquidation pursuant to section 500, 501, or 504.... |
108hr4418ih | Limitation on liquidations
Section 504 of the Tariff Act of 1930 ( 19 U.S.C. |
108hr4418ih | 1504 ) is amended— (1) in subsection (a)— (A) by striking or at the end of paragraph (3); (B) in paragraph (4), by striking filed; and inserting filed, whichever is earlier; or ; and (C) by inserting after paragraph (4) the following: (5) if a reconfigured entry is filed under an import activity summary statement, the ... |
108hr4418ih | Protests
Section 514 of the Tariff Act of 1930 ( 19 U.S.C. 1514 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking (relating to refunds and errors) of this Act and inserting (relating to refunds), any clerical error, mistake of fact, or other inadvertence, whether or not result... |
108hr4418ih | including the liquidation of an entry, pursuant to either section 500 or section 504; after thereof ; and (C) in paragraph (7), by striking (c) or ; and (2) in subsection (c)— (A) in paragraph (1), in the sixth sentence, by striking A protest may be amended, and inserting Unless a request for accelerated disposition is... |
108hr4418ih | and (C) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking ninety days and inserting 180 days ; (ii) in subparagraph (A), by striking notice of and inserting date of ; and (iii) in the second sentence, by striking 90 days and inserting 180 days. 114. Review of protests
Section 515(b) of the Ta... |
108hr4418ih | Refunds and errors
Section 520(c) of the Tariff Act of 1930 (19 U.S.C 1520(c)) is repealed. 116. |
108hr4418ih | Definitions and miscellaneous provisions
Section 401 of the Tariff Act of 1930 (19 U.S.C 1401) is amended by adding at the end the following: (t) Reconfigured entry
The term reconfigured entry means an entry filed on an import activity summary statement which substitutes for all or part of 1 or more entries filed und... |
108hr4418ih | Voluntary reliquidations
Section 501 of the Tariff Act of 1930 (19 U.S.C 1501) is amended in the first sentence by inserting or 504 after section 500. 118. Effective date
The amendments made by this subtitle shall apply to merchandise entered, or withdrawn from warehouse for consumption, on or after the 15th day afte... |
108hr4418ih | Designation of San Antonio International Airport for Customs processing of certain private aircraft arriving in the United States
(a) In General
Section 1453(a) of the Tariff Suspension and Trade Act of 2000 is amended by striking 2-year period and inserting 6-year period. (b) Effective Date
The amendment made by su... |
108hr4418ih | Authority for the establishment of Integrated Border Inspection Areas at the United States-Canada border
(a) Findings
Congress makes the following findings: (1) The increased security and safety concerns that developed in the aftermath of the terrorist attacks in the United States on September 11, 2001, need to be ad... |
108hr4418ih | (3) It is necessary to ensure that potentially dangerous vehicles are inspected prior to crossing these bridges and tunnels; however, currently these vehicles are not inspected until after they have crossed into the United States. (4) Establishing Integrated Border Inspection Areas (IBIAs) would address these concerns ... |
108hr4418ih | (b) Creation of Integrated Border Inspection Areas
(1) In general
The Commissioner of the Customs Service, in consultation with the Canadian Customs and Revenue Agency (CCRA), shall seek to establish Integrated Border Inspection Areas (IBIAs), such as areas on either side of the United States-Canada border, in which ... |
108hr4418ih | (2) Additional requirement
The Commissioner of Customs, in consultation with the Administrator of the General Services Administration when appropriate, shall seek to carry out paragraph (1) in a manner that minimizes adverse impacts on the surrounding community. (3) Elements of the program
Using the authority granted... |
108hr4418ih | and that have experienced backups and delays since September 11, 2001; (B) ensure that United States Customs officers stationed in any such IBIA on the Canadian side of the border are vested with the maximum authority to carry out their duties and enforce United States law; (C) ensure that United States Customs officer... |
108hr4418ih | and (D) encourage appropriate officials of the United States to enter into an agreement with Canada permitting Canadian Customs officers stationed in any such IBIA on the United States side of the border to enjoy such immunities as permitted in Canada. 123. Designation of foreign law enforcement officers
(a) Miscellan... |
108hr4418ih | (b) Inspections and preclearance in foreign countries
Section 629 of the Tariff Act of 1930 ( 19 U.S.C. 1629 ) is amended— (1) in subsection (a), by inserting , or subsequent to their exit from, after prior to their arrival in ; (2) in subsection (c)— (A) by inserting or exportation after relating to the importation ;... |
108hr4418ih | (3) by amending subsection (e) to read as follows: (e) Stationing of foreign customs and agriculture inspection officers in the United States
The Secretary of State, in coordination with the Secretary and the Secretary of Agriculture, may enter into agreements with any foreign country authorizing the stationing in the... |
108hr4418ih | comply with the customs and other laws of that country governing the importation or exportation of merchandise. Any foreign customs or agriculture inspection official stationed in the United States under this subsection may exercise such functions, perform such duties, and enjoy such privileges and immunities as United... |
108hr4418ih | ; and (4) by adding at the end the following: (g) Privileges and immunities
Any person designated to perform the duties of an officer of the Customs Service pursuant to section 401(i) of this Act shall be entitled to the same privileges and immunities as an officer of the Customs Service with respect to any actions ta... |
108hr4418ih | (d) Effective date
This section, and the amendments made by this section, take effect on the date of the enactment of this Act. 124. Customs services
Section 13031(e)(1) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(e)(1) is amended— (1) by striking (1) Notwithstanding section 451 of t... |
108hr4418ih | 1451 ) or any other provision of law (other than paragraph (2)), and inserting: (1) In general
(A) Scheduled flights
Notwithstanding section 451 of the Tariff Act of 1930 ( 19 U.S.C. 1451 ) or any other provision of law (other than subparagraph (B) and paragraph (2)), ; and (2) by adding at the end the following: (B)... |
108hr4418ih | United States Code) specifically requests that customs border patrol services for passengers and their baggage be provided for a charter flight arriving after normal operating hours at a customs border patrol serviced airport and overtime funds for those services are not available, the appropriate customs border patrol... |
108hr4418ih | Sense of Congress on interpretation of textile and apparel provisions
It is the sense of Congress that the Bureau of Customs and Border Protection of the Department of Homeland Security should interpret, implement, and enforce the provisions of section 112 of the African Growth and Opportunity Act ( 19 U.S.C. 3721 ), ... |
108hr4418ih | 2703 ), relating to preferential treatment of textile and apparel articles, broadly in order to expand trade by maximizing opportunities for imports of such articles from eligible beneficiary countries. 126. Technical amendments
(a) Tariff Act of 1930
Section 505(a) of the Tariff Act of 1930 is amended— (1) in the fi... |
108hr4418ih | by striking a participating and all that follows through the end of the sentence and inserting the following: the Secretary shall promulgate regulations, after testing the module, permitting a participating importer of record to deposit estimated duties and fees for entries of merchandise, other than merchandise entere... |
108hr4418ih | C. 58c(b)(9)(A) ) is amended by striking less than $2,000 and inserting $2,000 or less. (2) Section 13031(b)(9)(A)(ii) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(b)(9)(A)(ii) ) is amended to read as follows: (ii) Notwithstanding subsection (e)(6) and subject to the provisions of subpa... |
108hr4418ih | 66 per individual airway bill or bill of lading; and (II) if the merchandise is formally entered, the fee provided for in subsection (a)(9), if applicable. (3) Section 13031(b)(9)(B) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. |
108hr4418ih | 58c(b)(9)(B) ) is amended— (A) by moving the margins for subparagraph (B) 4 ems to the left; and (B) in clause (ii), by striking subparagraph (A)(ii) and inserting subparagraph (A)(ii) (I) or (II). (4) Section 13031(f)(1)(B) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(f)(1)(B) ) is ame... |
108hr4418ih | Authorization of appropriations
(a) Authorization of Appropriations
Section 141(g)(1)(A) of the Trade Act of 1974 ( 19 U.S.C. 2171(g)(1)(A) ) is amended by striking clauses (i) and (ii) and inserting the following: (i) $39,552,000 for fiscal year 2005. |
108hr4418ih | (ii) $39,552,000 for fiscal year 2006.. (b) Rule of Construction
The amendment made by subsection (a) shall not be construed to affect the availability of funds appropriated pursuant to section 141(g)(1)(A) of the Trade Act of 1974 before the date of the enactment of this Act. 301. Authorization of appropriations
(a)... |
108hr4418ih | 1330(e)(2)(A) ) is amended by striking clauses (i) and (ii) and inserting the following: (i) $61,700,000 for fiscal year 2005. (ii) $65,278,000 for fiscal year 2006.. (b) Rule of Construction
The amendment made by subsection (a) shall not be construed to affect the availability of funds appropriated pursuant to sectio... |
108hr5299ih | 1. Short title
This Act may be cited as the Patent Quality Assistance Act of 2004. 2. Opposition procedures
(a) In general
Title 35, United States Code, is amended by inserting after chapter 31 the following new chapter: 32 Post-grant opposition procedures
Sec 321. Right to oppose patent; opposition request 322. Re... |
108hr5299ih | Amendment of claims 328. Discovery and sanctions 329. Supplemental submissions 330. Hearing and briefs 331. Written decision 332. Burden of proof and evidence 333. Reconsideration 334. Appeal 335. Certificate 336. Estoppel 337. Duration of opposition 338. Settlement 339. Intervening rights 340. Relationship with reexam... |
108hr5299ih | Right to oppose patent; opposition request
(a) Filing of opposition
A person may request that the grant or reissue of a patent be reconsidered by the Patent and Trademark Office by filing an opposition seeking to invalidate 1 or more claims in the patent. The Director shall establish, by regulation, fees to be paid b... |
108hr5299ih | If an opposer relies on other factual evidence or on expert opinions in support of the opposition, such evidence and opinions must be filed with the request through one or more accompanying affidavits or declarations. |
108hr5299ih | (b) Copies provided to patent owner
Copies of any documents filed under subsection (a) must be provided to the patent owner or, if applicable, the designated representative of the patent owner, at the time of filing under subsection (a), except that if a request is made that the identity of a real party in interest be... |
108hr5299ih | Real party in interest
(a) Identification
The person making a request under section 321 shall identify in writing each real party in interest, and the opposition pursuant to the request shall proceed in the name of the real party in interest. (b) Identity kept separate upon request
(1) In general
Subject to paragra... |
108hr5299ih | If the identity of a real party in interest is kept separate from the file under this paragraph, then the opposition shall proceed in the name of the individual filing the request as the representative of the real party in interest. (2) Exception
No request under paragraph (1) to keep the identity of a real party in i... |
108hr5299ih | Timing of opposition request
A person may not make an opposition request under section 321 later than 9 months after the grant of the patent or issuance of the reissue patent, as the case may be, or later than 6 months after receiving notice from the patent holder alleging infringement of the patent, except that, if t... |
108hr5299ih | Limits on scope of validity issues raised
An opposition request under section 321 must identify with particularity the claims that are alleged to be invalid and, as to each claim, 1 or more issues of invalidity on which the opposition is based. |
108hr5299ih | The issues of invalidity that may be considered during the opposition proceeding are double patenting and any of the requirements for patentability set forth in sections 101, 102, 103, and 112, and the fourth paragraph of section 251, except for— (1) any requirement contained in the first paragraph of section 112 relat... |
108hr5299ih | Institution of the opposition proceeding
(a) Dismissal; institution
(1) Dismissal
The Director may dismiss an opposition request that the Director determines lacks substantial merit. The determination by the Director to dismiss an opposition request shall not be appealable. The dismissal of an opposition request sha... |
108hr5299ih | (2) Institution
If the Director receives 1 or more requests that meet the requirements of section 321 regarding the same patent by the Director and are not dismissed under paragraph (1), an opposition proceeding shall be promptly instituted pursuant to the request or requests, but not before a period of 9 months has e... |
108hr5299ih | (b) Parties
The parties to an opposition proceeding under this section shall be the patent owner and each opposer whose request meets the requirements of section 321 and has not been dismissed under subsection (a)(1). (c) Decision by panel
The Director shall assign the opposition proceeding to a panel of three admini... |
108hr5299ih | The decision shall be based upon the prosecution record that was the basis for the grant of the patent and the additional submissions by the parties to the opposition proceeding authorized under this chapter. The panel may, in appropriate cases, divide the opposition into separate proceedings if the opposition involves... |
108hr5299ih | The patent owner, in responding to an opposition request, shall file with the response, through affidavits or declarations, any additional factual evidence and expert opinions on which the patent owner relies in support of the response. 327. Amendment of claims
The patent owner is entitled to request amendment of any ... |
108hr5299ih | The panel may permit further requests for amendment of the claims only upon good cause shown by the patent owner. No amendment enlarging the scope of the claims of the patent shall be permitted in the opposition proceeding. 328. Discovery and sanctions
(a) Discovery
After an opposition proceeding is instituted under ... |
108hr5299ih | Such depositions shall be limited to cross-examination on matters relevant to the affidavit or declaration. No other discovery shall be permitted unless the panel determines that additional discovery is required in the interest of justice. The panel shall determine the schedule for the taking of discovery under this su... |
108hr5299ih | Supplemental submissions
The panel may permit one or more supplemental submissions to be made by any party to an opposition proceeding under this chapter, subject to the rights and limitations on discovery under section 328. 330. Hearing and briefs
Any party to an opposition proceeding under this chapter may request ... |
108hr5299ih | The panel may permit the partied to file briefs for the hearing, and shall permit cross-examination of all affiants and declarants in the hearing, either before the panel or by deposition taken under section 328. 331. Written decision
The panel shall issue a written decision on each issue of patentability with respect... |
108hr5299ih | The written decision shall become a final determination of the Office on the issues raised in the opposition unless a party to the opposition files a request for reconsideration and modification of the written decision within a period set by the panel, which shall not be less than two weeks from the date of the written... |
108hr5299ih | The determination of invalidity shall be based upon the broadest reasonable construction of the claim. (b) Evidence
The Federal Rules of Evidence shall apply to the opposition proceeding, except to the extent inconsistent with any provision of this chapter. 333. Reconsideration
If a request is filed for reconsiderati... |
108hr5299ih | Following any reconsideration, the panel shall either deny the request for modification of the written decision or grant the request and issue a modified written decision, which shall constitute the final determination of the Office on the issues raised in the opposition proceeding. 334. Appeal
A party dissatisfied wi... |
108hr5299ih | Certificate
When a decision of a panel in an opposition proceeding under the chapter has become final under section 331, 333, or 334, as the case may be, the Director shall issue and publish a certificate in accordance with the decision, canceling any claim of the patent determined to be unpatentable, and shall incorp... |
108hr5299ih | Estoppel
(a) Estoppel
(1) In general
Subject to paragraph (2), after a certificate has been issued under section 335 in accordance with the decision of the panel in an opposition proceeding, the determination with respect to an issue of invalidity raised by an opposer shall bar that opposer from raising, in any subs... |
108hr5299ih | (2) Exception
If an opposer in an opposition proceeding demonstrates, in a subsequent proceeding referred to in paragraph (1), that there is additional factual evidence that is material to an issue of fact actually decided in the opposition proceeding, and necessary to the final determination in the opposition proceed... |
108hr5299ih | (b) Expanded definition of opposer
For purposes of this section, the term opposer includes the person making the request under section 321, any real party in interest, and their successors in interest. (c) New party-in-Interest
If a proceeding arising by reason of additional factual evidence raised under subsection (... |
108hr5299ih | Duration of opposition
The determination of a panel in an opposition proceeding under this chapter, including any determinations pursuant to a request for reconsideration under section 133, shall be issued not later than 1 year after the date on which the opposition proceeding is instituted under section 325. Upon goo... |
108hr5299ih | Settlement
(a) In general
An opposition proceeding under this chapter shall be terminated with respect to any opposer upon the joint request of the opposer and the patent owner, unless the panel has issued a written decision under section 331 before the request for termination is filed. If the opposition is terminate... |
108hr5299ih | The written decision under section 331 shall thereafter be issued only with respect to issues of invalidity raised by opposers that remain in the opposition proceeding. (b) Agreements in writing
Any agreement or understanding between the patent owner and an opposer, including any collateral agreements referred to ther... |
108hr5299ih | The opposition with respect to the parties to the agreement or understanding shall not be terminated until a true copy of the agreement or understanding, including any such collateral agreements, has been filed in the Patent and Trademark Office. If any party filing such an agreement or understanding requests, the agre... |
108hr5299ih | (c) Discretionary actions reviewable
Any discretionary action of the Director under subsection (b) shall be reviewable under chapter 7 of title 5. 339. |
108hr5299ih | Intervening rights
Any proposed amended or new claim determined to be patentable and incorporated into a patent following an opposition proceeding under this chapter shall have the same effect as that specified in section 252 of this title for reissued patents on the right of any person who made, purchased, or used wi... |
108hr5299ih | Relationship with reexamination proceedings
(a) Estoppel
A patent for which an opposition proceeding has been instituted under this chapter may not thereafter be made the subject of a request under section 302 or 311 for reexamination, by the same opposer or on behalf of the same real party in interest, on the same c... |
108hr5299ih | (b) Staying of other proceedings
[If, after an opposition proceeding has been instituted under this chapter, a request for reexamination under section 302 or section 311 is made by or on behalf of a person other than the opposer or the same real party in interest, such reexamination shall be stayed during the pendency... |
108hr5299ih | Right to oppose patent; opposition request
(a) Filing of opposition
A person may request that the grant or reissue of a patent be reconsidered by the Patent and Trademark Office by filing an opposition seeking to invalidate 1 or more claims in the patent. The Director shall establish, by regulation, fees to be paid b... |
108hr5299ih | If an opposer relies on other factual evidence or on expert opinions in support of the opposition, such evidence and opinions must be filed with the request through one or more accompanying affidavits or declarations. |
108hr5299ih | (b) Copies provided to patent owner
Copies of any documents filed under subsection (a) must be provided to the patent owner or, if applicable, the designated representative of the patent owner, at the time of filing under subsection (a), except that if a request is made that the identity of a real party in interest be... |
108hr5299ih | Real party in interest
(a) Identification
The person making a request under section 321 shall identify in writing each real party in interest, and the opposition pursuant to the request shall proceed in the name of the real party in interest. (b) Identity kept separate upon request
(1) In general
Subject to paragra... |
108hr5299ih | If the identity of a real party in interest is kept separate from the file under this paragraph, then the opposition shall proceed in the name of the individual filing the request as the representative of the real party in interest. (2) Exception
No request under paragraph (1) to keep the identity of a real party in i... |
108hr5299ih | Timing of opposition request
A person may not make an opposition request under section 321 later than 9 months after the grant of the patent or issuance of the reissue patent, as the case may be, or later than 6 months after receiving notice from the patent holder alleging infringement of the patent, except that, if t... |
108hr5299ih | Limits on scope of validity issues raised
An opposition request under section 321 must identify with particularity the claims that are alleged to be invalid and, as to each claim, 1 or more issues of invalidity on which the opposition is based. |
108hr5299ih | The issues of invalidity that may be considered during the opposition proceeding are double patenting and any of the requirements for patentability set forth in sections 101, 102, 103, and 112, and the fourth paragraph of section 251, except for— (1) any requirement contained in the first paragraph of section 112 relat... |
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