1. A requirement to adopt within 3-years a user-friendly electronic filing system;
2. Adoption of a strategic plan to improve patent quality and reduce the pendancy period for applications;
3. Amendment of the law relating to re-examination to permit re-examination so that even when no new prior art is involved, there may be a “substantial new question of patentability” so that, contrary to recent case law, re-examination may be carried out;
4. Permitting a third party requester to appeal to the Federal Circuit from an Appeal Board decision in re-examination;
5. Amending 35 USC 102(e) to make it clear that a PCT application only has the effect of being an “application filed in the United States” for the purpose of the filing date being relevant to novelty if the PCT application is published in English and setting out the effective date for this change.
2. Adoption of a strategic plan to improve patent quality and reduce the pendancy period for applications;
3. Amendment of the law relating to re-examination to permit re-examination so that even when no new prior art is involved, there may be a “substantial new question of patentability” so that, contrary to recent case law, re-examination may be carried out;
4. Permitting a third party requester to appeal to the Federal Circuit from an Appeal Board decision in re-examination;
5. Amending 35 USC 102(e) to make it clear that a PCT application only has the effect of being an “application filed in the United States” for the purpose of the filing date being relevant to novelty if the PCT application is published in English and setting out the effective date for this change.
March 2004 Index