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H.R. 5902: CLEAR Patents Act of 2021


The text of the bill below is as of Nov 5, 2021 (Introduced).


I

117th CONGRESS

1st Session

H. R. 5902

IN THE HOUSE OF REPRESENTATIVES

November 5, 2021

introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 35, United States Code, to clarify the relation of Inter Partes Review proceedings and Post-Grant Review proceedings to other administrative proceedings, and for other purposes.

1.

Short title

This Act may be cited as the Conducting Legally Efficient Administration and Resolution of Patents Act of 2021 or the CLEAR Patents Act of 2021.

2.

Relation of Inter Partes Review proceedings and Post-Grant Review proceedings to other administrative proceedings

(a)

In general

Title 35, United States Code, is amended—

(1)

in section 315, by adding at the end the following:

(f)

Relation to other administrative proceedings

If the Director institutes an inter partes review of a patent, any proceeding before a Federal agency (as that term is defined in section 201) that would be materially affected by one or more of the claims of the patent being cancelled under such review shall be stayed until a final written decision by the Board is issued under such review or such review is otherwise terminated.

; and

(2)

in section 325, by adding at the end the following:

(f)

Relation to other administrative proceedings

If the Director institutes a post-grant review of a patent, any proceeding before a Federal agency (as that term is defined in section 201) that would be materially affected by one or more of the claims of the patent being cancelled shall be stayed until a final written decision by the Board is issued under such review or such review is otherwise terminated.

.

(b)

Application

This section, and the amendments made by this section, shall apply with respect to—

(1)

an inter partes review proceeding or post-grant review proceeding initiated on or after the date of the enactment of this Act; and

(2)

a proceeding before a Federal agency initiated on or after the date that is 6 months before the date of the enactment of this Act.