In the Senate of the United States,
June 26, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 2047) entitled ‘‘An Act to authorize appropria-
tions for the United States Patent and Trademark Office for
fiscal year 2002, and for other purposes.’’, do pass with the
following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Patent and Trademark
Office Authorization Act of 2002’’.
HR 2047 EAS
SEC. 2. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE
PATENT AND TRADEMARK OFFICE.
(a) IN GENERAL.—There are authorized to be appro-
priated to the United States Patent and Trademark Office
for salaries and necessary expenses for each of the fiscal
years 2003 through 2008 an amount equal to the fees esti-
mated by the Secretary of Commerce to be collected in each
such fiscal year, respectively, under—
(1) title 35, United States Code; and
(2) the Act entitled ‘‘An Act to provide for the
registration and protection of trademarks used in
commerce, to carry out the provisions of certain inter-
national conventions, and for other purposes’’, ap-
proved July 5, 1946 (15 U.S.C. 1051 et seq.) (com-
monly referred to as the Trademark Act of 1946).
(b) ESTIMATES.—Not later than February 15, of each
fiscal year, the Undersecretary of Commerce for Intellectual
Property and the Director of the Patent and Trademark
Office (in this Act referred to as the Director) shall submit
an estimate of all fees referred to under subsection (a) to
be collected in the next fiscal year to the chairman and
ranking member of—
(1) the Committees on Appropriations and Judi-
ciary of the Senate; and
(2) the Committees on Appropriations and Judi-
ciary of the House of Representatives.
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SEC. 3. ELECTRONIC FILING AND PROCESSING OF PATENT
AND TRADEMARK APPLICATIONS.
(a) ELECTRONIC FILING AND PROCESSING.—Not later
than December 1, 2004, the Director shall complete the de-
velopment of an electronic system for the filing and proc-
essing of patent and trademark applications, that—
(1) is user friendly; and
(2) includes the necessary infrastructure to—
(A) allow examiners and applicants to send
all communications electronically; and
(B) allow the Office to process, maintain,
and search electronically the contents and his-
tory of each application.
(b) 
AUTHORIZATION
OF
APPROPRIATIONS.—Of
amounts authorized under section 2, there are authorized
to be appropriated to carry out subsection (a) of this section
not more than $50,000,000 for each of fiscal years 2003 and
2004. Amounts made available under this subsection shall
remain available until expended.
SEC. 4. ANNUAL REPORTS ON STRATEGIC PLAN.
In each of the 5 calendar years following the date of
enactment of this Act, the Secretary of Commerce shall sub-
mit a report to the Committees on the Judiciary of the Sen-
ate and the House of Representatives on—
(1) the progress made in implementing the 21st
Century Strategic Plan issued on June 3, 2002; and
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(2) any amendments made to the plan.
SEC. 5. DETERMINATION OF SUBSTANTIAL NEW QUESTION
OF PATENTABILITY IN REEXAMINATION PRO-
CEEDINGS.
(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.’’.
(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 the enactment
of this Act.
SEC. 6. APPEALS IN INTER PARTES REEXAMINATION PRO-
CEEDINGS.
(a) APPEALS BY THIRD-PARTY REQUESTER IN PRO-
CEEDINGS.—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
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141 through 144, with respect to any final decision
favorable to the patentability of any original or pro-
posed amended or new claim of the patent; and
‘‘(2) may, subject to subsection (c), be a party to
any appeal taken by the patent owner under the pro-
visions of section 134 or sections 141 through 144.’’.
(b) APPEAL TO BOARD OF PATENT APPEALS AND
INTERFERENCES.—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 reexamination pro-
ceeding, who is’’ after ‘‘patent owner’’.
(d) EFFECTIVE DATE.—The amendments made by this
section apply with respect to any reexamination proceeding
commenced on or after the date of the enactment of this
Act.
Amend the title so as to read: ‘‘An Act to authorize
appropriations for the United States Patent and Trade-
mark Office for fiscal years 2003 through 2008, and for
other purposes.’’.
Attest:
Secretary.