Patent trial and appeal board

Section 6 of title 35, United States Code, is amended— (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (2) by inserting after subsection (a) the following: (b) Code of conduct (1) In general The Director shall prescribe regulations establishing a code of conduct for the members of the Patent Trial and Appeal Board. (2) Considerations In prescribing regulations under paragraph (1), the Director shall consider the Code of Conduct for United States Judges and how the provisions of that Code of Conduct may apply to the Patent Trial and Appeal Board.; (3) by striking subsection (d), as so redesignated, and inserting the following: (d) 3-Member panels (1) In general Each appeal, derivation proceeding, post-grant review, and inter partes review shall be heard by at least 3 members of the Patent Trial and Appeal Board, who shall be designated by the Director. The Patent Trial and Appeal Board may grant rehearings. (2) Changes to constitution of panel After the constitution of a panel of the Patent Trial and Appeal Board under this subsection has been made public, any changes to the constitution of that panel, including changes that were made before the constitution of the panel was made public, shall be noted in the record. (3) No direction or influence An officer who has supervisory authority or disciplinary authority with respect to an administrative patent judge of the Patent Trial and Appeal Board (or a delegate of such an officer), and who is not a member of a panel described in this subsection, shall refrain from communications with the panel that direct or otherwise influence any merits decision of the panel. (4) Ineligibility to hear review A member of the Patent Trial and Appeal Board who participates in the decision to institute an inter partes review or a post-grant review of a patent shall be ineligible to hear the review.; and (4) in subsection (e), as so redesignated— (A) in the first sentence— (i) by striking the date of the enactment of this subsection and inserting the date of enactment of the Promoting and Respecting Economically Vital American Innovation Leadership Act; (ii) by striking by the Director and inserting by the Director or the Secretary; and (iii) by inserting or the Secretary, as applicable, after on which the Director; and (B) in the second sentence— (i) by inserting after by the Director the following:, or, before the date of enactment of the Promoting and Respecting Economically Vital American Innovation Leadership Act, having performed duties no longer performed by administrative patent judges,; and (ii) by striking that the administrative patent judge so appointed and inserting that the applicable administrative patent judge.