H.R. 1732 (104th): Patent Reexamination Reform Act of 1995

May 25, 1995 (104th Congress, 1995–1996)
Died (Referred to Committee)
See Instead:

S. 1070 (same title)
Referred to Committee — Jul 25, 1995

Carlos Moorhead
Representative for California's 27th congressional district
Read Text »
Last Updated
May 25, 1995
10 pages
Related Bills
S. 1070 (identical)

Referred to Committee
Last Action: Jul 25, 1995

H.R. 3460 (Related)
Moorhead-Schroeder Patent Reform Act

Reported by Committee
Last Action: Jun 11, 1996


This bill was introduced on May 25, 1995, in a previous session of Congress, but was not enacted.

Introduced May 25, 1995
Referred to Committee May 25, 1995
Full Title

To amend chapter 30 of title 35, United States Code, to afford third parties an opportunity for greater participation in reexamination proceedings before the Patent and Trademark Office, and for other purposes.


No summaries available.

2 cosponsors (2D) (show)

House Judiciary

Courts, Intellectual Property, and the Internet

The committee chair determines whether a bill will move past the committee stage.

Primary Source

THOMAS.gov (The Library of Congress)

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H.R. stands for House of Representatives bill.

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

Patent Reexamination Reform Act of 1995 - Amends Federal patent law to expand reexamination request authority to authorize the filing of such requests by any person on the basis of patent specification requirements except for the best mode requirement.
(Current law permits reexamination requests only on the basis of prior art.) Establishes procedures for reexamination proceedings based upon third-party (persons who are not the patent owner) requests.
Requires documents filed in such proceedings, other than the request, to be served on all parties.
Authorizes third-party requesters to file written comments not less than one month from the date of service of the patent owner's response to any Patent and Trademark Office action on the merits of reexamination.
Grants third-party requesters the right to appeal final reexamination decisions on the same basis such right is available to patent owners.
Estops a third-party requester who files a notice of appeal or who participates as a party to an appeal from later asserting the invalidity of any claim determined to be patentable on appeal on any ground which was or could have been raised during reexamination.
Bars patent owners and third-party requesters, once an order for reexamination has been issued, from filing a subsequent reexamination request until a reexamination certificate is published.
Prohibits a party, once a final decision has been entered in a civil action that the party has not sustained the burden of proving the invalidity of a patent claim, from requesting reexamination on issues that were or could have been raised in the civil action.
Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions.
Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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