Reexamination of patents

(a) Request for reexamination Section 302 of title 35, United States Code, is amended by inserting after the second sentence the following: The request must identify all real parties in interest and certify that reexamination is not barred under section 303(d).. (b) Reexamination barred Section 303 of title 35, United States Code, is amended— (1) in subsection (a), by striking the third sentence; and (2) by adding at the end the following: (d) An ex parte reexamination may not be ordered if the request for reexamination is filed more than 1 year after the date on which the requester or a real party in interest or a privy of the requester is served with a complaint alleging infringement of the patent. For purposes of this chapter, a person that directly or through an affiliate, subsidiary, or proxy makes a financial contribution to the preparation for, or conduct during, an ex parte reexamination on behalf of a requester shall be considered a real party in interest of the requester. (e) In determining whether to order an ex parte reexamination, the Director— (1) shall, unless the Director determines that the requestor has demonstrated exceptional circumstances, reject any request that presents prior art or an argument that is the same or substantially the same as prior art or an argument that previously was presented to the Office; and (2) may reject any request that the Director determines has used a prior Office decision as a guide to correct or bolster a previous deficient request filed under this chapter or a previous deficient petition filed under chapter 31 or 32.. (c) Reexamination order by Director Section 304 of title 35, United States Code, is amended, in the first sentence, by inserting after resolution of the question the following:, unless the Director determines that the request for reexamination should be rejected under subsection (d) or (e) of section 303, in which case the Director shall issue an order denying reexamination.