,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #gcff ,,in ,,the ,,house ,,of ,,representatives ,december #bj1 #bjah,mr4 ,issa introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to reform and improve procedures for amending patents subject to post-issuance review proceedings of the ,united ,states ,patent and ,trademark ,office1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,revitalizing ,amendment ,motions for ,patents ,act of #bjah or the ,,ramp ,act4 #b4 ,reform of ,patent ,amendments in ,,ptab proceedings 7a7 ,procedures for motions ,to amend ,section #caf7;d7 of title #ce1 ,united ,states ,code1 is amended by inserting at the end the following new paragraphs3 7#d7 ,procedures for motions to amend 7,a7 ,in general ,with respect to a motion to amend filed under paragraph 7#a7 or 7#b7 that proposes #a or more substitute claims-- 7i7 a substitute claim shall be construed according to its broadest reasonable interpretation for the purposes of determining the patentability of the substitute claim2 7ii7 the petitioner shall be given a reasonable opportunity to respond to each substitute claim2 7iii7 the ,director shall assign an examiner to examine each proposed substitute claim 7giving consideration to the evidence and the arguments presented by the parties7 and to submit to the ,patent ,trial and ,appeal ,board an advisory report1 which shall be non-binding1 on the patentability of each such substitute claim2 and 7iv7 the ,board shall consider such report in deciding the motion4 7,b7 ,rule of construction ,nothing in subparagraph 7,a7 may be construed as affecting the provisions of subsection 7a77#aa74 7,c7 ,matters not considered on appeal ,with respect to an appeal described under section #cai1 a party to the appeal may not challenge the decision of the ,patent ,trial and ,appeal ,board regarding a motion to amend under this paragraph on the basis of-- 7i7 the qualifications or expertise of the examiner assigned by the ,director under subparagraph 7,a72 or 7ii7 any content of the report submitted pursuant to subparagraph 7,a7 that was not expressly relied on by the ,patent ,trial and ,appeal ,board in such decision4 7#e7 ,expedited post-review reexamination 7,a7 ,availability of expedited post-review reexamination ,an owner of a patent may file a request for an expedited post-review reexamination by the ,office of a challenged patent claim for which a final written decision of the ,patent ,trial and ,appeal ,board under section #cah7;a7 was issued if the following requirements are met3 7i7 ,the challenged patent claim was determined to be unpatentable in such final written decision4 7ii7 ,during the inter partes review for which such final written decision was issued1 the owner of the patent filed a timely motion to amend the patent that proposed #a or more substitute claims for the challenged patent claim4 7iii7 ,the motion to amend was denied as to each substitute claim proposed for the challenged patent claim4 7iv7 ,the request for the expedited post-review reexamination of the challenged patent claim is made on the basis of the prior art asserted during such inter partes review against-- 7,i7 the challenged patent claim2 or 7,,ii7 a substitute claim proposed for the challenged claim4 7,b7 ,procedures for request and conduct of reexamination ,a request for expedited post-review reexamination under this paragraph and the conduct of such reexamination under this paragraph shall be subject to section #cjb and sections #cjd through #cjg1 except that-- 7i7 the ,director shall establish1 by regulation1 a time period 7which may not exceed #fj days7 after the time for filing an appeal of a final written decision of the ,patent ,trial and ,appeal ,board under section #cah7;a7 has expired1 or after the final disposition of any such appeal1 during which the owner of the patent may request an expedited post-review reexamination under this paragraph2 7ii7 only the owner of the patent may file a request for an expedited post-review reexamination under this paragraph2 7iii7 for the purposes of section #cjd1 a determination that a substantial new question of unpatentability is raised shall be assumed1 and not later than #ad days after a request for an expedited post-review reexamination is filed1 the ,director shall order the reexamination of the challenged patent claim identified in the request if the ,director determines that the request meets the requirements of subparagraph 7,a72 7iv7 the owner of the patent may not file a statement under section #cjd and the reexamination shall begin immediately upon the order of the reexamination2 7v7 in any expedited post-review reexamination proceeding under this paragraph1 the owner of the patent may only propose amended or new claims that are patentably distinct from the challenged patent claim of which the expedited post-review reexamination was requested2 7vi7 the full record of the inter partes review upon which the post-review reexamination was requested shall be made available for consideration during the reexamination2 and 7vii7 the reexamination 7excluding any appeal thereof7 shall be concluded on the date that is not later than #ahj days after the date on which the ,director orders the reexamination4 4 7b7 ,patent owner's actions ,section #cae7;b7 of title #ce1 ,united ,states ,code1 is amended to read as follows3 7b7 ,patent owner's actions 7#a7 ,in general ,an inter partes review may not be instituted if the petition requesting the proceeding is filed more than #a year after the date on which the petitioner1 real party in interest1 or privy of the petitioner is served with a complaint alleging infringement of the patent4 7#b7 ,exception for joinder ,the time limitation in paragraph 7#a7 shall not apply to a request for joinder under subsection 7c74 7#c7 ,exception for amended claims ,the time limitation in paragraph 7#a7 shall not apply to a challenge in a petition for inter partes review against a patent claim that was amended pursuant to section #caf7;d77#e7 unless the complaint was served after the issuance of a certificate under section #cjg7;a7 for the patent claim4 4 7c7 ,amendment to procedures for issuance of certificate ,section #cah7;b7 of title #ce1 ,united ,states ,code1 is amended-- 7#a7 by striking and the time for appeal and inserting 1 the time for appeal2 and 7#b7 by inserting and the time for filing a request under section #caf7;d77#e77;,a7 has expired or any post-review reexamination has been terminated1 after terminated14 #c4 ,clarification of which claims for which the ,,ptab shall issue a final written decision ,section #cah7;a7 of title #ce1 ,united ,states ,code1 is amended by striking challenged by the petitioner and inserting on which the inter partes review was instituted4