H.R. 5299 · 108th Congress
Patent Quality Assistance Act of 2004
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Never voted on. It didn't reach a floor vote before the 108th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
D
BermanSponsor1 cosponsor · 1 D
1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
Patent Quality Assistance Act of 2004 - Allows a person to request that the grant or reissue of a patent be reconsidered by the United States Patent and Trademark Office (USPTO) by filing an opposition seeking to invalidate one or more claims in the patent.
What it does: CRS summary · Introduced in House · Oct 8, 2004
Patent Quality Assistance Act of 2004 - Allows a person to request that the grant or reissue of a patent be reconsidered by the United States Patent and Trademark Office (USPTO) by filing an opposition seeking to invalidate one or more claims in the patent.
Requires the Director of USPTO to issue and publish a certificate, in accordance with the final decision by the panel of three administrative patent judges, canceling any claim of the patent determined to be unpatentable and incorporating into the patent any new or amended claims determined to be patentable.
Allows a third party to submit for consideration, and for inclusion in the record, prior art to determine whether the invention was known, used, in public use, or on sale or would have been obvious.
Provides that a notice of a patent holder alleging infringement of the patent is not deemed to be sufficient to subject a recipient of the notice to liability for willful infringement of the patent, with exceptions.
Prohibits a court from granting an injunction for violations of a right secured by a patent unless it finds that the patentee is likely to suffer irreparable harm that cannot be remedied by payment of money damages.
Provides that a third party requester whose request for a reexamination results in an order is not estopped from asserting a claim which the third party requester could have raised during such reexamination proceedings.
Sets forth provisions regarding circumstances under which a patent application involving a business method invention combined with computer technology would not be denied on the basis of obviousness.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Patent Quality Assistance Act of 2004
Latest action (Nov 5, 2004): Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Policy area: Commerce · Origin: House · Introduced: Oct 8, 2004
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.