2013 US Code
Title 35 - Patents
Part III - PATENTS AND PROTECTION OF PATENT RIGHTS (§§ 251 - 329)
Chapter 31 - INTER PARTES REVIEW (§§ 311 - 319)
Section 315 - Relation to other proceedings or actions
|Publication Title||United States Code, 2012 Edition, Supplement 1, Title 35 - PATENTS|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 35 - PATENTS |
PART III - PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 31 - INTER PARTES REVIEW
Sec. 315 - Relation to other proceedings or actions
|Laws in Effect as of Date||January 16, 2014|
|Source Credit||Added Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-569; amended Pub. L. 107-273, div. C, title III, §§13106(a), 13202(a)(4), (c)(1), Nov. 2, 2002, 116 Stat. 1900-1902; Pub. L. 112-29, §6(a), Sept. 16, 2011, 125 Stat. 300.|
|Statutes at Large References||113 Stat. 1536 |
116 Stat. 1900-1902
125 Stat. 300
|Public Law References||Public Law 106-113, Public Law 107-273, Public Law 112-29|
§315. Relation to other proceedings or actions
(A) the patent owner moves the court to lift the stay;
(B) the patent owner files a civil action or counterclaim alleging that the petitioner or real party in interest has infringed the patent; or
(C) the petitioner or real party in interest moves the court to dismiss the civil action.
(Added Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–569; amended Pub. L. 107–273, div. C, title III, §§13106(a), 13202(a)(4), (c)(1), Nov. 2, 2002, 116 Stat. 1900–1902; Pub. L. 112–29, §6(a), Sept. 16, 2011, 125 Stat. 300.)
REFERENCES IN TEXT
Section 337 of the Tariff Act of 1930, referred to in subsec. (e)(2), is classified to section 1337 of Title 19, Customs Duties.
2011—Pub. L. 112–29 amended section generally. Prior to amendment, section related to appeals.
2002—Pub. L. 107–273, §13202(c)(1), made technical correction to directory language of Pub. L. 106–113, which enacted this section.
Subsec. (b). Pub. L. 107–273, §13106(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "A third-party requester may—
"(1) appeal under the provisions of section 134 with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; or
"(2) be a party to any appeal taken by the patent owner under the provisions of section 134, subject to subsection (c)."
Subsec. (c). Pub. L. 107–273, §13202(a)(4), struck out "United States Code," after "title 28,".
EFFECTIVE DATE OF 2011 AMENDMENT
Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent issued before, on, or after that effective date, with provisions for graduated implementation, see section 6(c)(2) of Pub. L. 112–29, set out as a note under section 311 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by section 13106(a) of Pub. L. 107–273 applicable with respect to any reexamination proceeding commenced on or after Nov. 2, 2002, see section 13106(d) of Pub. L. 107–273, set out as a note under section 134 of this title.
ESTOPPEL EFFECT OF REEXAMINATION
Pub. L. 106–113, div. B, §1000(a)(9) [title IV, subtitle F, §4607], Nov. 29, 1999, 113 Stat. 1536, 1501A–571, provided for estoppel from challenging certain facts determined during inter partes reexamination under former section 311 of this title and contained a severability provision.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.