Page:United States Statutes at Large Volume 98 Part 3.djvu/1015

 PUBLIC LAW 98-622—NOV. 8, 1984

98 STAT. 3387

"(a) Whenever an application is made for a patent which, in the opinion of the Commissioner, would interfere with any pending application, or with any unexpired patent, an interference may be declared and the Commissioner shall give notice of such declaration to the applicants, or applicant and patentee, as the case may be. The Board of Patent Appeals and Interferences shall determine questions of priority of the inventions and may determine questions of patentability. Any final decision, if adverse to the claim of an applicant, shall constitute the final refusal by the Patent and Trademark Office of the claims involved, and the Commissioner may issue a patent to the applicant who is adjudged the prior inventor. A final judgment adverse to a patentee from which no appeal or other review has been or can be taken or had shall constitute cancellation of the claims involved in the patent, and notice of such cancellation shall be endorsed on copies of the patent distributed after such cancellation by the Patent and Trademark Office.". APPEALS AND CIVIL ACTIONS

SEC. 203. (a) Section 141 of title 35, United States Code, is amended— (1) in the first sentence— (A) by striking out "of the Board of Patent Appeals may appeal" and inserting in lieu thereof "in an appeal to the Board of Patent Appeals and Interferences under section 134 of this title may appeal the decision"; and (B) by striking out ", thereby waiving his right" and inserting in lieu thereof ". By filing such an appeal the applicant waives his or her right"; (2) in the second sentence— (A) by striking out "board of patent interferences on Lie question of priority may appeal" and inserting in lieu thereof "Board of Patent Appeals and Interferences on the interference may appeal the decision"; (B) by striking out "according to" and inserting in lieu thereof "in accordance with"; and (C) by striking out "he" and inserting in lieu thereof "the party"; and (3) by amending the last sentence to read as follows: "If the appellant does not, within thirty days after the filing of such notice by the adverse party, file a civil action under section 146, the decision appealed from shall govern the further proceedings in the case.". (b) Section 145 of title 35, United States Code, is amended— (1) in the first sentence by striking out "Appeals may" and inserting in lieu thereof "Patent Appeals and Interferences in an appeal under section 134 of this title may,"; and (2) in the second sentence by striking out "Appeals" and inserting in lieu thereof "Patent Appeals and Interferences". (c) Section 146 of title 35, United States Code, is amended by striking out "board of patent interferences on the question of priority" and inserting in lieu thereof "Board of Patent Appeals and Interferences on the interference".

�