美國專利改革新制提出IPR異議制度(可參閱:
http://enpan.blogspot.tw/2012/08/blog-post_8.html),取代了原本的多方再審制度,相對也修改了對應法律35 U.S.C. 314:
美國專利法第314條規範IPR的制度:
(a) 除非提出的異議條件為合理而可能成功讓至少一項專利範圍無效,否則可能會被退件;
(b) USPTO Director應於接獲IPR申請3個月內作出是否受理的決定;
(c) USPTO會同時通知IPR請求人與專利權人;
(d) 上述決定不能被挑戰。
[原文]
35 U.S.C. 314 Institution of inter partes review Conduct of inter partes reexamination proceedings
(a) THRESHOLD.--The Director
may not authorize an inter partes review to be instituted unless the
Director determines that the information presented in the petition filed
under section 311 and any response filed under section 313 shows that
there is a reasonable likelihood that the petitioner would prevail with
respect to at least 1 of the claims challenged in the petition.
(b) TIMING.--The Director
shall determine whether to institute an inter partes review under this
chapter pursuant to a petition filed under section 311 within 3 months
after--
(1) receiving a preliminary response to the petition under section 313; or
(2) if no such preliminary response is filed, the last date on which such response may be filed.
(c) NOTICE.--The Director
shall notify the petitioner and patent owner, in writing, of the
Director's determination under subsection (a), and shall make such
notice available to the public as soon as is practicable. Such notice
shall include the date on which the review shall commence.
(d) NO APPEAL.--The
determination by the Director whether to institute an inter partes
review under this section shall be final and nonappealable.
(a) IN GENERAL.- Except as
otherwise provided in this section, reexamination shall be conducted
according to the procedures established for initial examination under
the provisions of sections 132 and 133.
In any inter partes reexamination proceeding under this chapter, the
patent owner shall be permitted to propose any amendment to the patent
and a new claim or claims, except that no proposed amended or new claim
enlarging the scope of the claims of the patent shall be permitted.
(b) RESPONSE.-
(1) With the exception of
the inter partes reexamination request, any document filed by either the
patent owner or the third-party requester shall be served on the other
party. In addition, the Office shall send to the third-party requester a
copy of any communication sent by the Office to the patent owner
concerning the patent subject to the inter partes reexamination
proceeding.
(2) Each time that the
patent owner files a response to an action on the merits from the Patent
and Trademark Office, the third-party requester shall have one
opportunity to file written comments addressing issues raised by the
action of the Office or the patent owner's response thereto, if those
written comments are received by the Office within 30 days after the
date of service of the patent owner's response.
(c) SPECIAL DISPATCH.-
Unless otherwise provided by the Director for good cause, all inter
partes reexamination proceedings under this section, including any
appeal to the Board of Patent Appeals and Interferences, shall be
conducted with special dispatch within the Office.
Ron
資料來源:bitlaw
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