Page:United States Statutes at Large Volume 116 Part 3.djvu/308

 116 STAT. 1900 PUBLIC LAW 107-273—NOV. 2, 2002 for each of fiscal years 2003, 2004, and 2005. Amounts made available pursuant to this subsection shall remain available until expended. SEC. 13104. STRATEGIC PLAN. (a) DEVELOPMENT OF PLAN. — (1) IN GENERAL.— The Director shall, in close consultation with the Patent Public Advisory Committee and the Trademark Public Advisory Committee, develop a strategic plan that sets forth the goals and methods by which the United States Patent and Trademark Office will, during the 5-year period beginning on January 1, 2003— (A) enhance patent and trademark quality; (B) reduce patent and trademark pendency; and (C) develop and implement an effective electronic system for use by the Patent and Trademark Office and the public for all aspects of the patent and trademark processes, including, in addition to the elements set forth in section 13103, searching, examining, communicating, publishing, and making publicly available, patents and trademark registrations. (2) CONTENTS AND CONSULTATION. — The strategic plan shall include milestones and objective and meaningful criteria for evaluating the progress and successful achievement of the plan. The Director shall consult with the Public Advisory Committees with respect to the development of each aspect of the strategic plan. Deadline. (b) REPORT TO CONGRESSIONAL COMMITTEES. — Not later than 4 months after the date of enactment of this Act, the Director shall submit the plan developed under subsection (a) to the Committees on the Judiciary of the Senate and the House of Representatives. SEC. 13105. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF PATENTABILITY IN REXAMINATION PROCEEDINGS. (a) IN GENERAL.—Sections 303(a) and 312(a) of title 35, United States Code, are each amended by adding at the end the following: \ "The existence of a substantial new question of patentability is not precluded by the fact that a patent or printed publication was previously cited by or to the Office or considered by the Office.". 35 USC 303 note. (b) EFFECTIVE DATE. —The amendments made by this section shall apply with respect to any determination of the Director of the United States Patent and Trademark Office that is made under section 303(a) or 312(a) of title 35, United States Code, on or after the date of enactment of this Act. SEC. 13106. APPEALS IN INTER PARTES REXAMINATION PRO- CEEDINGS. (a) APPEALS BY THIRD-PARTY REQUESTER IN PROCEEDINGS.— Section 315(b) of title 35, United States Code, is amended to read as follows: "(b) THIRD-PARTY REQUESTER.— A third-party requester— "(1) may appeal under the provisions of section 134, and may appeal under the provisions of sections 141 through 144, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; and

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