To correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. TECHNICAL CORRECTIONS.
(a) Advice of Counsel.--Notwithstanding section 35 of the Leahy- Smith America Invents Act (35 U.S.C. 1 note), section 298 of title 35, United States Code, shall apply to any civil action commenced on or after the date of the enactment of this Act. (b) Transitional Program for Covered Business Method Patents.-- Section 18 of the Leahy-Smith America Invents Act (35 U.S.C. 321 note) is amended-- (1) in subsection (a)(1)(C)((i), by striking ``of such title'' the second place it appears; and (2) in subsection (d)(2), by striking ``subsection'' and inserting ``section''. (c) Joinder of Parties.--Section 299(a) of title 35, United States Code, is amended in the matter preceding paragraph (1) by striking ``or counterclaim defendants only if'' and inserting ``only if''. (d) Dead Zones.-- (1) Inter partes review.--Section 311(c) of title 35, United States Code, shall not apply to a petition to institute an inter partes review of a patent that is not a patent described in section 3(n)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 100 note). (2) Repeal.--Section 325(f) of title 35, United States Code, as added by section 6 of the Leahy-Smith America Invents Act, is repealed. (e) Correct Inventor.-- (1) In general.--Section 135(e) of title 35, United States Code, as amended by section...