6 the intellectual property and high technology

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6. The Intellectual Property and High Technology Technical Amendments Act of 2002 (Title III, Subtitle B of P.L. 107-273) amended the AIPA by eliminating the limitations to recourse to civil action, allowing, in re-examination proceedings, a third-party to appeal to the U.S. Court of Appeals for the Federal Circuit, or to be a party to any appeal undertaken by the patent owner. The Act also introduced provisions to allow a third-party requester to appeal a decision of the Board of Patent Appeals and Interferences. The Act amended the AIPA to make the 18-month publication period by the USPTO, granted to patent applications published abroad, applicable to the international phase of an international application, and not just to the national phase. 7. The USPTO devised the 21st Century Strategic Plan, in 2002, a five-year plan to enhance the electronic processing of patent applications and streamline the patent application process, reducing the pendency time of applications. The USPTO issued rules of practice in June 2003 to implement the plan as of 30 July 2003 and to have an operational system to process patent applications electronically in place by 1 October 2004. The public will be able to view the patent records electronically through 246 U.S. Patent and Trademark Office (2003). 247 U.S. Patent and Trademark Office online information. Available at: http://www.uspto.gov/ web/offices/com/speeches/03-14.htm. 248 P.L. 107-273, 116 Stat. 1758, 1899-1906 (2002), also known as the 21 st Century Department of Justice Appropriations Authorization Act, Title III: Intellectual Property – Subtitle A: Patent and Trademark Office Authorization - Patent and Trademark Office Authorization Act of 2002. 249 P.L. 106-113, 113 Stat. 1501, 1501A-552 (1999) available online at: http://www.thomas.gov.
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WT/TPR/S/126 Trade Policy Review Page 93 the Patent Application Information Retrieval (PAIR) system. The plan was accompanied by fee changes, establishing a single patent filing, search, and examination fee. 8. The USPTO is leading the negotiations for the United States in the Standing Committee on the Law of Patents (SCP), an international effort to harmonize patent laws and the subsequent changes to United States law and practice. 250 Some of the issues under discussion could lead to a revision of U.S. legislation in areas such as priority of invention, patentable subject matter, the "useful arts" test, disclosure requirements, multiple inventions in a single application, utility requirements for patentability, and the treatment of disclosures that may invalidate a patent claim. 9. For Federal Government-owned inventions, under the Technology Transfer Commercialization Act of 2000 (P.L. No: 106-404), a federal agency may grant an exclusive or partially exclusive licence if it is a necessary incentive to attract the investment needed to bring the invention to practical application, or promote the invention's utilization by the public. The granting of the licence must be found to be in the public interest and must not substantially lessen competition or violate federal antitrust laws. Also, a federal agency may normally grant a licence only to a licensee
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