Page:United States Statutes at Large Volume 116 Part 3.djvu/309

 PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1901 "(2) may, subject to subsection (c), be a party to any appeal taken by the patent owner under the provisions of section 134 or sections 141 through 144.". (b) APPEAL TO BOARD OF PATENT APPEALS AND INTER- FERENCES.—Section 134(c) of title 35, United States Code, is amended by striking the last sentence. (c) APPEAL TO COURT OF APPEALS FOR THE FEDERAL CIRCUIT.— Section 141 of title 35, United States Code, is amended in the third sentence by inserting ", or a third-party requester in an inter partes rexamination proceeding, who is" after "patent owner". (d) EFFECTIVE DATE. —The amendments made by this section apply with respect to any rexamination proceeding commenced on or after the date of enactment of this Act. Subtitle B—Intellectual Property and High Technology Technical Amendments SEC. 13201. SHORT TITLE. This subtitle may be cited as the "Intellectual Property and High Technology Technical Amendments Act of 2002". SEC. 13202. CLARIFICATION OF REXAMINATION PROCEDURE ACT OF 1999; TECHNICAL AMENDMENTS. (a) OPTIONAL INTER PARTES REXAMINATION PROCEDURES.— Title 35, United States Code, is amended as follows: (1) Section 311 is amended— (A) in subsection (a), by striking "person" and inserting "third-party requester"; and (B) in subsection (c), by striking "Unless the requesting person is the owner of the patent, the" and inserting "The". (2) Section 312 is amended— (A) in subsection (a), by striking the second sentence; and (B) in subsection (b), by striking ", if any". (3) Section 314(b)(1) is amended— (A) by striking "(1) This" and all that follows through "(2)" and inserting "(1)"; (B) by striking "the third-party requester shall receive a copy" and inserting "the Office shall send to the thirdparty requester a copy"; and (C) by redesignating paragraph (3) as paragraph (2). (4) Section 315(c) is amended by striking "United States Code,". (5) Section 317 is amended— (A) in subsection (a), by striking "patent owner nor the third-party requester, if any, nor privies of either" and inserting "third-party requester nor its privies"; and (B) in subsection (b), by striking "United States Code,". (b) CONFORMING AMENDMENTS.— (1) APPEAL TO THE BOARD OF PATENT APPEALS AND INTER- FERENCES.— Subsections (a), (b), and (c) of section 134 of title 35, United States Code, are each amended by striking "administrative patent judge" each place it appears and inserting "primary examiner". (2) PROCEEDING ON APPEAL.—Section 143 of title 35, United States Code, is amended by amending the third sentence to 35 USC 134 note. Intellectual Property and High Technology Technical Amendments Act of 2002. 35 USC 1 note.

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