UNITED STATES CODE
`2012 EDITION
`
`CONTAINING THE GENERAL AND PERMANENT LAWS
`OF THE UNITED STATES ENACTED THROUGH THE
`112TH CONGRESS
`
`(ending January 2, 2013, the last law of which was signcd on Januaiy 15, 2013)
`
`Prepared and published under authority of Title 2, U.S. Code, Section 2851),
`by the Office of the Lam Revision Counsel of the House of Representatives
`
`VOLUME TWENTY-THREE
`
`TITLE 31-IMONEY AND FINANCE
`
`TO
`TITLE 35-PATENTS
`
`UNITED STATES
`
`GOVERNMENT PRINTING OFFICE
`
`WASHINGTON : 2013
`
`76-422v23- TTF D Sig-1
`
`IPR2017-00042
`Bayer Ex. 2003
`
`

`
`This book has been digitally archived to maintain
`the quality of the original work for future generations
`of legal researchers by William S. Hein & Co., Inc.
`
`This volume printed on acid-free paper
`by William S. Hein & Co., Inc.
`
`Printed in the United States of America.
`
`For sale by the Superintendent of Documents, U.S. Government Printing Office
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`

`
`TITLE 35-PATENTS
`
`This title was enacted by act July 19, 1952, ch. 950, § 1, 66 Stat. 792
`
`TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
`FORMER TITLE 35-Continued
`
`Title 35
`Former Sections
`
`Title 35
`New Sections
`
`23
`53 ............................................
`24
`54-56 ........................................
`164
`56a ........ .....
`...............
`57 ............................................
`134
`58, 59 ....................................... R ep.
`141; T . 28 §1542
`59a ..........................................
`142
`60 ............................................
`143
`61 ............................................
`144
`62 ............................................
`145, 146
`63 ............................................
`251, 252
`64 ............................................
`253
`65 ............................................
`291
`66 ............................................
`281, 284
`67 ............................................
`............................................ T . 28 § 1498
`68
`102(g), 282
`69 ............................................
`283-286, 290
`70
`............................................
`288
`71 ............................................
`102, 104
`72 ............................................
`146, 291
`72a ..........................................
`171
`73 ............................................
`74, 75 .......................................
`269
`114
`76 ............................................
`173
`77 ............................................
`12, 13, 41
`78 ............................................
`42
`79 ............................................
`80-87 ........................................ R ep.
`88 ............................................
`254
`89-96 ........................................ E lim .
`101-108 ..................................... E lim .
`104
`109 ...........................................
`110-118a ................................... Elim .
`119 ........................................... T . 50 A pp. §2371
`181
`151 ...........................................
`182
`152 ...........................................
`183
`153 ...........................................
`184
`154 ...........................................
`185
`155 ...........................................
`186
`156 ...........................................
`187
`157 ...........................................
`188
`158 ...........................................
`R ep.
`159 ...........................................
`
`CITATION
`
`Section 1 of act July 19, 1952, ch. 950, 66 Stat. 792, pro-
`vided in part that this title may be cited as "Title 35,
`United States Code, section
`
`SEPARABILITY
`
`Section 3 of act July 19, 1952, ch. 950, 66 Stat. 815, pro-
`vided that: "If any provision of Title 35, as enacted by
`section 1 hereof, is declared unconstitutional or is held
`shall
`invalid, the validity of the remainder of this title
`not be affected."
`
`EFFECTIVE DATE; SAVINGS PROVISION
`
`Section 4 of act July 19, 1952, ch. 950, 66 Stat. 815, pro-
`vided that:
`"(a) This Act [enacting this title] shall take effect on
`January 1, 1953 and shall apply to all applications for
`patent filed on or after such date and to all patents
`granted on such applications. It shall apply to further
`proceedings on applications pending on such date and
`to patents granted on such applications except as
`otherwise provided. It shall apply to unexpired patents
`granted prior to such date except as otherwise pro-
`vided.
`"(b) Section 102(d) of Title 35, as enacted by section
`1 hereof, shall not apply to existing patents and pend-
`
`Part
`I.
`
`II.
`
`III.
`
`IV.
`V.
`
`United States Patent and Trade-
`mark Office .......................................
`Patentability of Inventions and
`Grant of Patents ..............................
`Patents and Protection of Patent
`R ights .................................................
`Patent Cooperation Treaty ...............
`The Hague Agreement Concerning
`International Registration of In-
`dustrial Designs ...............................
`
`Sec.
`
`100
`
`251
`351
`
`4011
`
`AMENDMENTS
`2012-Pub. L. 112-211, title I, §101(b), Dec. 18, 2012, 126
`Stat. 1531, added item V.
`1999-Pub. L. 106-113, div. B, §1000(a)(9) [title IV,
`§4732(a)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A-581, sub-
`stituted "United States Patent and Trademark Office"
`for "Patent and Trademark Office" in item I.
`1984-Pub. L. 98-622, title IV, §403(b), Nov. 8, 1984, 98
`Stat. 3392, added item IV.
`
`TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
`FORMER TITLE 35
`
`Title 35
`Former Sections
`
`Title 35
`New Sections
`
`13
`
`1 ..............................................
`2 ..............................................
`3 ..............................................
`4 ..............................................
`5 ..............................................
`6 ..............................................
`7 ...............
`............
`10 ................... .....
`1, 32
`............. ......
`11 .......
`3
`1 a ....................................
`12 ........ ............ ......
`22
`11
`13 ............................................
`10
`..........................
`14 ................
`(See former §78)
`14a ............
`..............................
`12
`15 ............................................
`11(a) 1
`..........................
`16 ..............
`Rep.
`17-19 .............
`................ ........
`14
`20 ..........................
`21
`21 ..............................
`Rep.
`...........
`22. .... .... ..............
`Rep.
`......
`23 . ....................
`101, 102, 161
`31 .... ................ ......
`102(d), 119. 172
`..........................
`..........
`32
`Rep.
`32a, 32b ...........................
`111,112, 162
`33 ... ...... ......................
`113,114
`34 ... . ...... ..... ..............
`115
`.....................
`35 .....
`36 ..................................
`131
`133,267
`37 .... .......
`....................
`Rep.
`38 ... . ..... .....................
`153
`39 ... .. ...... ....................
`154
`..........................
`40
`Rep.
`40a-40d .......................
`151
`.......
`41 ....................................
`Rep.
`42-42f ........
`.................
`Rep.
`.......... ...........
`43 .....
`152
`..........
`44 .....
`...........
`266
`45 ................ ...........
`147
`..........
`46 ... ...............
`261
`47 ...........
`...............
`Rep.
`...........
`48 ...................
`287
`...........
`49 ...................
`292
`50 ........ ..................
`132, 135
`51 ..........................
`135
`52 ............................................
`
`2456783
`
`I So in original. Probably should be "381".
`
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`TITLE 35-PATENTS
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`CHAPTER 1-ESTABLISHMENT, OFFICERS
`AND EMPLOYEES, FUNCTIONS
`
`ing applications, but the law previously
`in effect,
`namely the first paragraph of R. S. 4887 [first paragraph
`of section 32 of former Title 35], shall apply to such pat-
`ents and applications.
`"(c) Section 119, second paragraph, of Title 35 as en-
`acted by section 1 hereof shall not apply to existing
`patents.
`"(d) The period of one year specified in section 102(b)
`of Title 35 as enacted by section 1 hereof shall not
`apply in the case of applications filed before August 5,
`1940, and patents granted on such applications, and
`with respect to such applications and patents, said pe-
`riod is two years instead of one year.
`"(e) Nothing contained in Title 35, as enacted by sec-
`tion 1 hereof, shall operate to nullify any judicial find-
`ing prior to the effective date of this Act on the valid-
`ity of any patent by a court of competent jurisdiction.
`"(f) Nothing in Title 35, as enacted by section 1 here-
`of, shall affect any provision of the Atomic Energy Act
`of 1946 (Aug. 1, 1946, ch. 724, 60 Stat. 755) [§2011 et seq.
`of Title 42, The Public Health and Welfare].
`"(g) The period of one year specified in section 4 of
`Title 35 as enacted by section 1 hereof shall not apply
`in the case of applications filed before the effective
`date of this Act.
`"(h) The repeal of sections 1-9, 11, 12 of the Act of
`Congress approved February 1, 1952 (ch. 4, 66 Stat. 3)
`[sections 151 to 159 of former Title 35], shall not affect
`any rights or liabilities existing on the date of approval
`of this Act [July 19, 1952]. An order of secrecy issued
`under or in effect under the repealed Act and in effect
`on the date of approval of this Act, shall be considered
`as issued under this Act, and any claims arising under
`the repealed Act or subject to presentation and deter-
`mination pursuant thereto and unsettled as of the ef-
`fective date of this Act, may be presented and deter-
`mined pursuant to the provisions of this Act [this
`title]."
`
`REPEALS
`Section 5 of act July 19, 1952, ch. 950, 66 Stat. 815, re-
`pealed the sections or parts of sections of the Revised
`Statutes or Statutes at Large codified in this Act with
`the proviso that "Any rights or liabilities now existing
`under such sections or parts thereof shall not be af-
`fected by this repeal."
`
`PART I-UNITED STATES PATENT AND
`TRADEMARK OFFICE
`
`Chap.
`1.
`
`2.
`
`3.
`
`4.
`
`Establishment, Officers and Em-
`ployees, Functions ...........................
`Proceedings
`in the Patent and
`Trademark Office ............................
`Practice Before Patent and Trade-
`mark Office .......................................
`Patent Fees; Funding; Search Sys-
`tems .............................
`AMENDMENTS
`2002-Pub. L. 107-273, div. C, title III, §13206(a)(4), Nov.
`2, 2002, 116 Stat. 1904, substituted "Before" for "before"
`in chapter 3 heading.
`1999-Pub. L. 106-113, div. B, §1000(a)(9) [title IV,
`§4732(a)(2), (3)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582,
`substituted "UNITED STATES PATENT AND TRADE-
`MARK OFFICE" for "PATENT AND TRADEMARK OF-
`FICE"
`in part heading and "Establishment, Officers
`and Employees, Functions" for "Establishment, Offi-
`cers, Functions" in chapter 1 heading.
`1991-Pub. L. 102-204, §5(d)(2)(D), Dec. 10, 1991, 105
`Stat. 1640, substituted "before"
`for "Before the"
`in
`chapter 3 heading and inserted "; Funding; Search Sys-
`tems" after "Fees" in chapter 4 heading.
`1975-Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949, sub-
`stituted "PATENT AND TRADEMARK OFFICE" for
`"PATENT OFFICE" in part heading and in headings
`for chapters 2 and 3.
`
`Sec.
`1.
`2.
`3.
`4.
`
`5.
`
`6.
`7.
`8.
`9.
`10.
`11.
`
`12.
`
`13.
`[14.
`
`Establishment.
`Powers and duties.
`Officers and employees.
`Restrictions on officers and employees as to
`interest in patents.
`Patent and Trademark Office Public Advisory
`Committees.
`Patent Trial and Appeal Board.
`Library.
`Classification of patents.
`Certified copies of records.
`Publications.
`Exchange of copies of patents and applica-
`tions with foreign countries.
`Copies of patents and applications for public
`libraries.
`Annual report to Congress.
`Renumbered 13.]
`AMENDMENTS
`2011-Pub. L. 112-29, §7(a)(2), Sept. 16, 2011, 125 Stat.
`313, amended item 6 generally, substituting "Patent
`Trial and Appeal Board" for "Board of Patent Appeals
`and Interferences".
`2002-Pub. L. 107-273, div. C, title III, §13205(2)(D),
`Nov. 2, 2002, 116 Stat. 1903, made technical correction to
`directory language of Pub. L. 106-113, div. B, §1000(a)(9)
`[title IV, §4507(4)], Nov. 29, 1999,
`113 Stat. 1536,
`1501A-566. See 1999 Amendment note below.
`1999-Pub. L. 106-113, div. B, §1000(a)(9) [title IV,
`§4732(a)(4)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582,
`amended analysis generally, substituting "OFFICERS
`AND EMPLOYEES" for "OFFICERS" in chapter head-
`ing, substituting "Powers and duties" for "Seal"
`in
`item 2, adding item 5, renumbering items 7 to 14 as 6 to
`13, respectively, striking out former item 6, "Duties of
`Commissioner", and inserting "and applications" after
`"patents" in items 11 and 12.
`Pub. L. 106-113, div. B, § 1000(a)(9) [title IV, §§4507(4),
`4508], Nov. 29, 1999, 113 Stat. 1536, 1501A-566, as amended
`by Pub. L. 107-273, div. C, title III, §13205(2)(D), Nov. 2,
`2002, 116 Stat. 1903, which directed the insertion of "and
`applications" after "patents" in items 11 and 12, effec-
`tive 1 year after Nov. 29, 1999, was not executed in ei-
`ther item to reflect the probable intent of Congress.
`See above.
`1984-Pub. L. 98-622, title II, §201(b), Nov. 8, 1984, 98
`Stat. 3386, substituted "Patent Appeals and Inter-
`ferences" for "Appeals" in item 7.
`1972-Pub. L. 92-310, title II, §208(b), June 6, 1972, 86
`Stat. 203, struck out item 5 "Bond of Commissioner and
`other officers".
`
`§ 1. Establishment
`
`(a) ESTABLISHMENT.-The United States Pat-
`ent and Trademark Office is established as an
`agency of the United States, within the Depart-
`ment of Commerce. In carrying out its func-
`tions, the United States Patent and Trademark
`Office shall be subject to the policy direction of
`the Secretary of Commerce, but otherwise shall
`retain responsibility for decisions regarding the
`management and administration of its oper-
`ations and shall exercise independent control of
`its budget allocations and expenditures, person-
`nel decisions and processes, procurements, and
`other administrative and management functions
`in accordance with this title and applicable pro-
`visions of law. Those operations designed
`to
`grant and issue patents and those operations
`which are designed to facilitate the registration
`of trademarks shall be treated as separate oper-
`ating units within the Office.
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`TITLE 35-PATENTS
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`(b) OFFICES.-The United States Patent and
`Trademark Office shall maintain its principal
`office
`in
`the metropolitan Washington, D.C.,
`area, for the service of process and papers and
`for the purpose of carrying out its functions.
`The United States Patent and Trademark Office
`shall be deemed, for purposes of venue in civil
`actions, to be a resident of the district in which
`its principal office is located, except where ju-
`risdiction
`is otherwise provided by law. The
`United States Patent and Trademark Office may
`establish satellite offices in such other places in
`the United States as it considers necessary and
`appropriate in the conduct of its business.
`(c) REFERENCE.-For purposes of this title, the
`United States Patent and Trademark Office
`shall also be referred to as the "Office" and the
`"Patent and Trademark Office".
`
`(July 19, 1952, ch. 950, 66 Stat. 792; Pub. L. 93-596,
`§ 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106-113, div.
`B, §1000(a)(9) [title IV, §4711], Nov. 29, 1999, 113
`Stat. 1536, 1501A-572.)
`
`HISTORICAL AND REVISION NOTES
`Based on Title 35, U.S.C., 1946 ed., §1 (R.S. 475 and Ex-
`ecutive Order 4175, Mar. 17, 1925).
`The word "all"
`is omitted from the corresponding
`section of the existing statute and "except as otherwise
`provided by law" added, since some old records are kept
`in the National Archives, see 44 U.S.C., 1946 ed., ch. 8A.
`The word "models" has been omitted to remove em-
`phasis on models since they are no longer generally re-
`quired. They are included by the word "things."
`The phrase "and
`to trade-mark registrations"
`is
`added. There is no enactment corresponding to this sec-
`tion in the trade-mark law. The original chapter of the
`Revised Statutes containing this section deals with the
`Patent Office as such in its administration of trade-
`marks as well as patents. This is explicitly brought out
`in some of the corresponding sections of the present
`chapter. Changes in language are made.
`
`AMENDMENTS
`1999-Pub. L. 106-113 reenacted section catchline
`without change and amended text generally. Prior to
`amendment, text read as follows: "The Patent and
`Trademark Office shall continue as an office in the De-
`partment of Commerce, where records, books, draw-
`ings, specifications, and other papers and things per-
`taining to patents and to trademark registrations shall
`be kept and preserved, except as otherwise provided by
`law."
`1975-Pub. L. 93-596 substituted "Patent and Trade-
`mark Office" for "Patent Office".
`
`CHANGE OF NAME
`Pub. L. 93-596, §3, Jan. 2, 1975, 88 Stat. 1949, provided
`that: "The terms 'Patent Office' and 'Commissioner of
`Patents' in all laws of the United States shall mean
`'Patent and Trademark Office' and 'Commissioner of
`Patents and Trademarks', respectively."
`
`EFFECTIVE DATE OF 2011 AMENDMENT
`Pub. L. 112-29, §35, Sept. 16, 2011, 125 Stat. 341, pro-
`vided that: "Except as otherwise provided in this Act
`[see Short Title of 2011 Amendment note below], the
`provisions of this Act shall take effect upon the expira-
`tion of the 1-year period beginning on the date of the
`enactment of this Act [Sept. 16, 2011] and shall apply to
`any patent issued on or after that effective date."
`
`EFFECTIVE DATE OF 1999 AMENDMENT
`Pub. L. 106-113, div. B, §1000(a)(9) [title IV, subtitle G,
`§4731], Nov. 29, 1999, 113 Stat. 1536, 1501A-581, provided
`that: "This subtitle [see Tables for classification] and
`
`the amendments made by this subtitle shall take effect
`4 months after the date of the enactment of this Act
`[Nov. 29, 1999]."
`
`EFFECTIVE DATE OF 1975 AMENDMENT
`Amendment by Pub. L. 93-596 effective Jan. 2, 1975,
`see section 4 of Pub. L. 93-596, set out as a note under
`section 1111 of Title 15, Commerce and Trade.
`
`SHORT TITLE OF 2012 AMENDMENT
`
`Pub. L. 112-211, §1, Dec. 18, 2012, 126 Stat. 1527, pro-
`vided that: "This Act [enacting part V and sections 27
`and 151 of this title, amending sections 41, 100, 102, 111,
`115, 119, 120, 122, 133, 154, 171, 173, 261, 361, 364 to 366, and
`371 of this title, repealing section 151 of this title, and
`enacting provisions set out as notes under sections 27
`and 100 of this title] may be cited as the 'Patent Law
`Treaties Implementation Act of 2012'."
`
`SHORT TITLE OF 2011 AMENDMENT
`Pub. L. 112-29, §1(a), Sept. 16, 2011, 125 Stat. 284, pro-
`vided that: "This Act [enacting chapter 32 and sections
`123, 257, 298, 299, and 319 of this title and section 1454 of
`Title 28, Judiciary and Judicial Procedure, amending
`sections 2, 3, 6, 12, 32, 41, 42, 100, 102 to 104, 111, 112, 115,
`116, 118 to 123, 132, 134, 135, 141, 143, 145, 146, 154, 156, 157,
`162, 172, 182 to 186, 202, 207, 209, 210, 251, 253, 256, 257, 267,
`273, 282, 284, 287, 288, 291 to 294, 301 to 307, 311 to 318, 328,
`363, 365, 368, and 371 to 375 of this title, section 1071 of
`Title 15, Commerce and Trade, sections 1295 and 1338 of
`Title 28, section 2182 of Title 42, The Public Health and
`Welfare, and section 20135 of Title 51, National and
`Commercial Space Programs, repealing sections 155 and
`155A of this title, enacting provisions set out as notes
`under this section, sections 2, 6, 32, 41, 42, 100 to 102, 111,
`119, 122, 156, 202, 257, 273, 287, 292, 301, 303, 306, 311, 312,
`and 321 of this title, section 1071 of Title 15, and section
`1295 of Title 28, and amending provisions set out as a
`note under section 41 of this title] may be cited as the
`'Leahy-Smith America Invents Act'."
`
`SHORT TITLE OF 2004 AMENDMENT
`
`Pub. L. 108-453, §1, Dec. 10, 2004, 118 Stat. 3596, pro-
`vided that: "This Act [amending section 103 of this title
`and enacting provisions set out as a note under section
`103 of this title] may be cited as the 'Cooperative Re-
`search and Technology Enhancement (CREATE) Act of
`2004'."
`
`SHORT TITLE OF 2002 AMENDMENT
`
`Pub. L. 107-273, div. C, title III, § 13201, Nov. 2, 2002, 116
`Stat. 1901, provided that: "This subtitle [subtitle B
`(§§ 13201-13211) of title HI of div. C of Pub. L. 107-273, see
`Tables for classification] may be cited as the 'Intellec-
`tual Property and High Technology Technical Amend-
`ments Act of 2002'."
`
`SHORT TITLE OF 1999 AMENDMENT
`Pub. L. 106-113, div. B, § 1000(a)(9) [§1(a)], Nov. 29, 1999,
`113 Stat. 1536, 1501A-521, provided that: "This Act [S.
`1948, as enacted by section 1000(a)(9) of Pub. L. 106-113,
`see Tables for classification] may be cited as the 'Intel-
`lectual Property and Communications Omnibus Reform
`Act of 1999'."
`Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4001],
`Nov. 29, 1999, 113 Stat. 1536, 1501A-552, provided that:
`"This title [see Tables for classification] may be cited
`as the 'American Inventors Protection Act of 1999'."
`Pub. L. 106-113, div. B, § 1000(a)(9) [title IV, subtitle A,
`§4101], Nov. 29, 1999, 113 Stat. 1536, 1501A-552, provided
`that: "This subtitle [enacting section 297 of this title
`and provisions set out as a note under section 297 of
`this title] may be cited as the 'Inventors' Rights Act of
`1999'."
`Pub. L. 106-113, div. B, §1000(a)(9) [title IV, subtitle B,
`§4201], Nov. 29, 1999, 113 Stat. 1536, 1501A-554, provided
`that: "This subtitle [amending sections 41 and 42 of this
`title and enacting provisions set out as notes under sec-
`
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`TITLE 35-PATENTS
`
`Page 1320
`
`tion 41 of this title and section 1113 of Title 15, Com-
`merce and Trade] may be cited as the 'Patent and
`Trademark Fee Fairness Act of 1999'."
`Pub. L. 106-113, div. B, §1000(a)(9) [title IV, subtitle C,
`§4301], Nov. 29, 1999, 113 Stat. 1536, 1501A-555, provided
`that: "This subtitle [enacting section 273 of this title
`and provisions set out as a note under section 273 of
`this title] may be cited as the 'First Inventor Defense
`Act of 1999'."
`Pub. L. 106-113, div. B, § 1000(a)(9) [title IV, subtitle D,
`§4401], Nov. 29, 1999, 113 Stat. 1536, 1501A-557, provided
`that: "This subtitle [amending sections 132, 154, 156,
`and 282 of this title and section 1295 of Title 28, Judici-
`ary and Judicial Procedure, and enacting provisions set
`out as notes under sections 132 and 154 of this title]
`may be cited as the 'Patent Term Guarantee Act of
`1999'."
`Pub. L. 106-113, div. B, § 1000(a)(9) [title IV, subtitle E,
`§4501], Nov. 29, 1999, 113 Stat. 1536, 1501A-561, provided
`that: "This subtitle [amending sections 11 to 13, 102,
`119, 120, 122, 135, 154, 181, 252, 284, and 374 of this title
`and enacting provisions set out as notes under sections
`11, 41, and 122 of this title] may be cited as the 'Domes-
`tic Publication of Foreign Filed Patent Applications
`Act of 1999'."
`Pub. L. 106-113, div. B, §1000(a)(9) [title IV, subtitle F,
`§4601], Nov. 29, 1999, 113 Stat. 1536, 1501A-567, provided
`that: "This subtitle [enacting chapter 31 of this title,
`amending sections 41, 100, 134, 141, 143, and 145 of this
`title, and enacting provisions set out as notes under
`sections 41, 311, and 315 of this title] may be cited as the
`'Optional Inter Partes Reexamination Procedure Act of
`1999'."
`Pub. L. 106-113, div. B, §1000(a)(9) [title IV, subtitle G,
`§4701], Nov. 29, 1999, 113 Stat. 1536, 1561A-572, provided
`that: "This subtitle [see Tables for classification] may
`be cited as the 'Patent and Trademark Office Efficiency
`Act'."
`
`SHORT TITLE OF 1998 AMENDMENTS
`Pub. L. 105-358, §1, Nov. 10, 1998, 112 Stat. 3272, pro-
`vided that: "This Act [amending sections 41 and 42 of
`this title and enacting provisions set out as a note
`under section 41 of this title] may be cited as the
`'United States Patent and Trademark Office Reauthor-
`ization Act, Fiscal Year 1999'."
`Pub. L. 105-289, §1, Oct. 27, 1998, 112 Stat. 2780, pro-
`vided that: "This Act [amending section 163 of this title
`and enacting provisions set out as notes under sections
`41 and 163 of this title] may be cited as the 'Plant Pat-
`ent Amendments Act of 1998'."
`
`SHORT TITLE OF 1988 AMENDMENT
`Pub. L. 100-418, §9001, Aug. 23, 1988, 102 Stat. 1563, pro-
`vided that: "This subtitle [subtitle A (§§9001-9007) of
`title IX of Pub. L. 100-418, enacting section 295 of this
`title, amending sections 154, 271, and 287 of this title,
`and enacting provisions set out as notes under section
`271 of this title] may be cited as the 'Process Patent
`Amendments Act of 1988'."
`Pub. L. 100-418, title IX, §9101(a), Aug. 23, 1988, 102
`Stat. 1567, provided that: "This section [amending sec-
`tions 184 to 186 of this title and enacting provisions set
`out as notes under section 184 of this title] may be
`cited as the 'Patent Law Foreign Filing Amendments
`Act of 1988'."
`
`SHORT TITLE OF 1984 AMENDMENT
`
`Pub. L. 98-622, §1, Nov. 8, 1984, 98 Stat. 3383, provided
`that: "This Act [enacting section 157 of this title,
`amending sections 3, 7, 41, 103, 104, 116, 120, 134, 135, 141,
`145, 146, 271, 305, 351, 361, 362, 365 to 368, 371 to 373, and
`376 of this title, section 1295 of Title 28, Judiciary and
`Judicial Procedure, and sections 2182 and 2457 of Title
`42, The Public Health and Welfare, and enacting provi-
`sions set out as notes under sections 7, 41, 103, 157, and
`351 of this title] may be cited as the 'Patent Law
`Amendments Act of 1984'."
`
`TRANSFER OF FUNCTIONS AND ASSETS OF PATENT AND
`TRADEMARK OFFICE
`
`Pub. L. 106-113, div. B, §1000(a)(9) [title IV, subtitle G,
`chapter 3], Nov. 29, 1999, 113 Stat. 1536, 1501A-585, pro-
`vided that:
`
`"SEC. 4741. REFERENCES.
`"(a) IN GENERAL.-Any reference in any other Federal
`law, Executive order, rule, regulation, or delegation of
`authority, or any document of or pertaining to a de-
`partment or office from which a function is transferred
`by this subtitle [see Tables for classification]-
`to the head of such department or office is
`"(1)
`deemed to refer to the head of the department or of-
`fice to which such function is transferred; or
`"(2) to such department or office is deemed to refer
`to the department or office to which such function is
`transferred.
`in any
`"(b) SPECIFIC REFERENCES.-Any reference
`other Federal law, Executive order, rule, regulation, or
`delegation of authority, or any document of or pertain-
`ing to the Patent and Trademark Office-
`to the Commissioner of Patents and Trade-
`"(1)
`marks is deemed to refer to the Under Secretary of
`Commerce for Intellectual Property and Director of
`the United States Patent and Trademark Office;
`to the Assistant Commissioner for Patents is
`"(2)
`deemed to refer to the Commissioner for Patents; or
`"(3) to the Assistant Commissioner for Trademarks
`is deemed to refer to the Commissioner for Trade-
`marks.
`"SEC. 4742. EXERCISE OF AUTHORITIES.
`"Except as otherwise provided by law, a Federal offi-
`cial to whom a function Is transferred by this subtitle
`may, for purposes of performing the function, exercise
`all authorities under any other provision of law that
`were available with respect to the performance of that
`function to the official responsible for the performance
`of the function immediately before the effective date of
`the transfer of the function under this subtitle.
`"SEC. 4743. SAVINGS PROVISIONS.
`"(a) LEGAL DOCUMENTS.-All orders, determinations,
`rules, regulations, permits, grants, loans, contracts,
`agreements, certificates, licenses, and privileges-
`that have been issued, made, granted, or al-
`"(1)
`lowed to become effective by the President, the Sec-
`retary of Commerce, any officer or employee of any
`office transferred by this subtitle, or any other Gov-
`ernment official, or by a court of competent jurisdic-
`the performance of any function that is
`tion, in
`transferred by this subtitle; and
`"(2) that are in effect on the effective date of such
`transfer (or become effective after such date pursuant
`to their terms as in effect on such effective date),
`shall continue in effect according to their terms until
`modified, terminated, superseded, set aside, or re-
`voked in accordance with law by the President, any
`other authorized official, a court of competent juris-
`diction, or operation of law.
`"(b) PROCEEDINGS.-This subtitle shall not affect any
`proceedings or any application for any benefits, serv-
`ice, license, permit, certificate, or financial assistance
`pending on the effective date of this subtitle [see Effec-
`tive Date of 1999 Amendment note above] before an of-
`fice transferred by this subtitle, but such proceedings
`and applications shall be continued. Orders shall be is-
`sued in such proceedings, appeals shall be taken there-
`from, and payments shall be made pursuant to such or-
`ders, as if this subtitle had not been enacted, and or-
`ders issued in any such proceeding shall continue in ef-
`fect until modified, terminated, superseded, or revoked
`by a duly authorized official, by a court of competent
`jurisdiction, or by operation of law. Nothing in this
`to prohibit the dis-
`subsection shall be considered
`continuance or modification of any such proceeding
`under the same terms and conditions and to the same
`extent that such proceeding could have been discon-
`tinued or modified if this subtitle had not been enacted..
`
`IPR2017-00042
`Bayer Ex. 2003
`
`

`
`Page 1321
`
`TITLE 35-PATENTS
`
`"(c) SUITs.-This subtitle shall not affect suits com-
`menced before the effective date of this subtitle, and in
`all such suits, proceedings shall be had, appeals taken,
`and judgments rendered in the same manner and with
`the same effect as if this subtitle had not been enacted.
`"(d) NONABATEMENT OF ACTIONS.-No suit, action, or
`other proceeding commenced by or against the Depart-
`ment of Commerce or the Secretary of Commerce, or
`by or against any individual in the official capacity of
`such individual as an officer or employee of an office
`transferred by this subtitle, shall abate by reason of
`the enactment of this subtitle.
`"(e) CONTINUANCE OF SUITS.-If any Government offi-
`cer in the official capacity of such officer is party to a
`suit with respect to a function of the officer, and under
`this subtitle such function is transferred to any other
`officer or office, then such suit shall be continued with
`the other officer or the head of such other office, as ap-
`plicable, substituted or added as a party.
`"(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
`VIEW.-Except as otherwise provided by this subtitle,
`any statutory requirements relating to notice, hear-
`ings, action upon the record, or administrative or judi-
`cial review that apply to any function transferred by
`this subtitle shall apply to the exercise of such func-
`tion by the head of the Federal agency, and other offi-
`cers of the agency, to which such function is trans-
`ferred by this subtitle.
`"SEC. 4744. TRANSFER OF ASSETS.
`"Except as otherwise provided in this subtitle, so
`much of the personnel, property, records, and unex-
`pended balances of appropriations, allocations, and
`other funds employed, used, held, available, or to be
`made available in connection with a function trans-
`ferred to an official or agency by this subtitle shall be
`available to the official or the head of that agency, re-
`spectively, at such time or times as the Director of the
`Office of Management and Budget directs for use in
`connection with the functions transferred.
`"SEC. 4745. DELEGATION AND ASSIGNMENT.
`"Except as otherwise expressly prohibited by law or
`otherwise provided in this subtitle, an official to whom
`functions are transferred under this subtitle (including
`the head of any office to which functions are trans-
`ferred under this subtitle) may delegate any of the
`functions so transferred to such officers and employees
`of the office of the official as the official may des-
`ignate, and may authorize successive redelegations of
`such functions as may be necessary or appropriate. No
`delegation of functions under this section or under any
`other provision of this subtitle shall relieve the official
`to whom a function is transferred under this subtitle of
`responsibility for the administration of the function.
`"SEC. 4746. AUTHORITY OF DIRECTOR OF THE OF-
`FICE OF MANAGEMENT AND BUDGET WITH RE-
`SPECT TO FUNCTIONS TRANSFERRED.
`"(a) DETERMINATIONS.-If necessary, the Director of
`the Office of Management and Budget shall make any
`determination of the functions that are transferred
`under this subtitle.
`"(b) INCIDENTAL TRANSFERS.-The Director of the Of-
`fice of Management and Budget, at such time or times
`as the Director shall provide, may make such deter-
`minations as may be necessary with regard to the func-
`tions transferred by this subtitle, and to make such ad-
`ditional incidental dispositions of personnel, assets, li-
`abilities, grants, contracts, property, records, and un-
`expended balances of appr