Extracted Text (may have errors)

40 1 (b) CONFORMING AMENDMENT.—The item relating 2 to section 273 in the table of sections for chapter 28 of 3 title 35, United States Code, is amended to read as fol- 4 lows: ‘‘273. Defense to infringement based on prior commercial use.’’. 5 (c) EFFECTIVE DATE.—The amendments made by 6 this section shall apply to any patent issued on or after 7 the date of the enactment of this Act. 8 SEC. 6. POST-GRANT REVIEW PROCEEDINGS. 9 (a) INTER PARTES REVIEW.—Chapter 31 of title 35, 10 United States Code, is amended to read as follows: 11 ‘‘CHAPTER 31—INTER PARTES REVIEW ‘‘Sec. ‘‘311. Inter partes review. ‘‘312. Petitions. ‘‘313. Preliminary response to petition. ‘‘314. Institution of inter partes review. ‘‘315. Relation to other proceedings or actions. ‘‘316. Conduct of inter partes review. ‘‘317. Settlement. ‘‘318. Decision of the Board. ‘‘319. Appeal. 12 ‘‘§311. Inter partes review 13 ‘‘(a) IN GENERAL.—Subject to the provisions of this 14 chapter, a person who is not the owner of a patent may 15 file with the Office a petition to institute an inter partes 16 review of the patent. The Director shall establish, by regu- 17 lation, fees to be paid by the person requesting the review, 18 in such amounts as the Director determines to be reason- 19 able, considering the aggregate costs of the review. •HR 1249 EH