US (United States) Code. Title 35. Chapter 30: Prior art citations to office and ex parte reexamination of patents

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Patents

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  • País: Estados Unidos Estados Unidos
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35 USC CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX

PARTE REEXAMINATION OF PATENTS 01/06/03

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TITLE 35 - PATENTS

PART III - PATENTS AND PROTECTION OF PATENT RIGHTS

CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE

REEXAMINATION OF PATENTS

-HEAD-

CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE

REEXAMINATION OF PATENTS

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Sec.

301. Citation of prior art.

302. Request for reexamination.

303. Determination of issue by Director.

304. Reexamination order by Director.

305. Conduct of reexamination proceedings.

306. Appeal.

307. Certificate of patentability, unpatentability, and

claim cancellation.

AMENDMENTS

2002 - Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B),

Nov. 2, 2002, 116 Stat. 1906, made technical correction to

directory language of Pub. L. 106-113, div. B, Sec. 1000(a)(9)

[title IV, Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536,

1501A-582. See 1999 Amendment note below.

1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582, as

amended by Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B),

Nov. 2, 2002, 116 Stat. 1906, substituted "Director" for

"Commissioner" in item 304.

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Secs. 4602,

4732(a)(9)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A-567,

1501A-582, inserted "EX PARTE" before "REEXAMINATION" in chapter

heading and substituted "Director" for "Commissioner" in item 303.

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35 USC Sec. 301 01/06/03

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TITLE 35 - PATENTS

PART III - PATENTS AND PROTECTION OF PATENT RIGHTS

CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE

REEXAMINATION OF PATENTS

-HEAD-

Sec. 301. Citation of prior art

-STATUTE-

Any person at any time may cite to the Office in writing prior

art consisting of patents or printed publications which that person

believes to have a bearing on the patentability of any claim of a

particular patent. If the person explains in writing the pertinency

and manner of applying such prior art to at least one claim of the

patent, the citation of such prior art and the explanation thereof

will become a part of the official file of the patent. At the

written request of the person citing the prior art, his or her

identity will be excluded from the patent file and kept

confidential.

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(Added Pub. L. 96-517, Sec. 1, Dec. 12, 1980, 94 Stat. 3015.)

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EFFECTIVE DATE

Chapter effective July 1, 1981, and applicable to patents in

force as of July 1, 1981, or issued thereafter, see section 8(b) of

Pub. L. 96-517, set out as an Effective Date of 1980 Amendment note

under section 41 of this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 302, 303, 305, 311 of

this title.

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35 USC Sec. 302 01/06/03

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TITLE 35 - PATENTS

PART III - PATENTS AND PROTECTION OF PATENT RIGHTS

CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE

REEXAMINATION OF PATENTS

-HEAD-

Sec. 302. Request for reexamination

-STATUTE-

Any person at any time may file a request for reexamination by

the Office of any claim of a patent on the basis of any prior art

cited under the provisions of section 301 of this title. The

request must be in writing and must be accompanied by payment of a

reexamination fee established by the Director pursuant to the

provisions of section 41 of this title. The request must set forth

the pertinency and manner of applying cited prior art to every

claim for which reexamination is requested. Unless the requesting

person is the owner of the patent, the Director promptly will send

a copy of the request to the owner of record of the patent.

-SOURCE-

(Added Pub. L. 96-517, Sec. 1, Dec. 12, 1980, 94 Stat. 3015;

amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(8), (10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582;

Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2,

2002, 116 Stat. 1906.)

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AMENDMENTS

2002 - Pub. L. 107-273 made technical correction to directory

language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)]. See 1999 Amendment note below.

1999 - Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], as amended by Pub. L. 107-273, substituted

"Director promptly" for "Commissioner promptly".

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(8)],

substituted "Director pursuant" for "Commissioner of Patents

pursuant".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 100, 303, 304 of this

title.

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35 USC Sec. 303 01/06/03

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TITLE 35 - PATENTS

PART III - PATENTS AND PROTECTION OF PATENT RIGHTS

CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE

REEXAMINATION OF PATENTS

-HEAD-

Sec. 303. Determination of issue by Director

-STATUTE-

(a) Within three months following the filing of a request for

reexamination under the provisions of section 302 of this title,

the Director will determine whether a substantial new question of

patentability affecting any claim of the patent concerned is raised

by the request, with or without consideration of other patents or

printed publications. On his own initiative, and any time, the

Director may determine whether a substantial new question of

patentability is raised by patents and publications discovered by

him or cited under the provisions of section 301 of this title. The

existence of a substantial new question of patentability is not

precluded by the fact that a patent or printed publication was

previously cited by or to the Office or considered by the Office.

(b) A record of the Director's determination under subsection (a)

of this section will be placed in the official file of the patent,

and a copy promptly will be given or mailed to the owner of record

of the patent and to the person requesting reexamination, if any.

(c) A determination by the Director pursuant to subsection (a) of

this section that no substantial new question of patentability has

been raised will be final and nonappealable. Upon such a

determination, the Director may refund a portion of the

reexamination fee required under section 302 of this title.

-SOURCE-

(Added Pub. L. 96-517, Sec. 1, Dec. 12, 1980, 94 Stat. 3015;

amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(9)(A), (10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582;

Pub. L. 107-273, div. C, title III, Secs. 13105(a), 13206(b)(1),

Nov. 2, 2002, 116 Stat. 1900, 1905, 1906.)

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AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 13206(b)(1)(B), made

technical correction to directory language of Pub. L. 106-113, Sec.

1000(a)(9) [title IV, Sec. 4732(a)(10)(A)]. See 1999 Amendment note

below.

Pub. L. 107-273, Sec. 13105(a), inserted at end "The existence of

a substantial new question of patentability is not precluded by the

fact that a patent or printed publication was previously cited by

or to the Office or considered by the Office."

Subsec. (b). Pub. L. 107-273, Sec. 13206(b)(1)(A), made technical

correction to directory language of Pub. L. 106-113, Sec.

1000(a)(9) [title IV, Sec. 4732(a)(9)(A)(ii)]. See 1999 Amendment

note below.

Subsec. (c). Pub. L. 107-273, Sec. 13206(b)(1)(B), made technical

correction to directory language of Pub. L. 106-113, Sec.

1000(a)(9) [title IV, Sec. 4732(a)(10)(A)]. See 1999 Amendment note

below.

1999 - Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(9)(A)(i)], substituted "Director" for "Commissioner" in

section catchline.

Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], as amended by Pub. L. 107-273, Sec.

13206(b)(1)(B), substituted "Director" for "Commissioner" in two

places.

Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(9)(A)(ii)], as amended by Pub. L. 107-273, Sec.

13206(b)(1)(A), substituted "Director's" for "Commissioner's".

Subsec. (c). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], as amended by Pub. L. 107-273, Sec.

13206(b)(1)(B), substituted "Director" for "Commissioner" in two

places.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. C, title III, Sec. 13105(b), Nov. 2, 2002,

116 Stat. 1900, provided that: "The amendments made by this section

[amending this section and section 312 of this title] shall apply

with respect to any determination of the Director of the United

States Patent and Trademark Office that is made under section

303(a) or 312(a) of title 35, United States Code, on or after the

date of enactment of this Act [Nov. 2, 2002]."

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 304 of this title.

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35 USC Sec. 304 01/06/03

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TITLE 35 - PATENTS

PART III - PATENTS AND PROTECTION OF PATENT RIGHTS

CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE

REEXAMINATION OF PATENTS

-HEAD-

Sec. 304. Reexamination order by Director

-STATUTE-

If, in a determination made under the provisions of subsection

303(a) of this title, the Director finds that a substantial new

question of patentability affecting any claim of a patent is

raised, the determination will include an order for reexamination

of the patent for resolution of the question. The patent owner will

be given a reasonable period, not less than two months from the

date a copy of the determination is given or mailed to him, within

which he may file a statement on such question, including any

amendment to his patent and new claim or claims he may wish to

propose, for consideration in the reexamination. If the patent

owner files such a statement, he promptly will serve a copy of it

on the person who has requested reexamination under the provisions

of section 302 of this title. Within a period of two months from

the date of service, that person may file and have considered in

the reexamination a reply to any statement filed by the patent

owner. That person promptly will serve on the patent owner a copy

of any reply filed.

-SOURCE-

(Added Pub. L. 96-517, Sec. 1, Dec. 12, 1980, 94 Stat. 3016;

amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L.

107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116

Stat. 1906.)

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AMENDMENTS

2002 - Pub. L. 107-273 made technical correction to directory

language of Pub. L. 106-113. See 1999 Amendment note below.

1999 - Pub. L. 106-113, as amended by Pub. L. 107-273,

substituted "Director" for "Commissioner" in section catchline and

text.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 305 of this title.

-End-

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35 USC Sec. 305 01/06/03

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TITLE 35 - PATENTS

PART III - PATENTS AND PROTECTION OF PATENT RIGHTS

CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE

REEXAMINATION OF PATENTS

-HEAD-

Sec. 305. Conduct of reexamination proceedings

-STATUTE-

After the times for filing the statement and reply provided for

by section 304 of this title have expired, reexamination will be

conducted according to the procedures established for initial

examination under the provisions of sections 132 and 133 of this

title. In any reexamination proceeding under this chapter, the

patent owner will be permitted to propose any amendment to his

patent and a new claim or claims thereto, in order to distinguish

the invention as claimed from the prior art cited under the

provisions of section 301 of this title, or in response to a

decision adverse to the patentability of a claim of a patent. No

proposed amended or new claim enlarging the scope of a claim of the

patent will be permitted in a reexamination proceeding under this

chapter. All reexamination proceedings under this section,

including any appeal to the Board of Patent Appeals and

Interferences, will be conducted with special dispatch within the

Office.

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(Added Pub. L. 96-517, Sec. 1, Dec. 12, 1980, 94 Stat. 3016;

amended Pub. L. 98-622, title II, Sec. 204(c), Nov. 8, 1984, 98

Stat. 3388.)

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AMENDMENTS

1984 - Pub. L. 98-622, Sec. 204(c), substituted "Patent Appeals

and Interferences" for "Appeals".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-622 effective three months after Nov. 8,

1984, see section 207 of Pub. L. 98-622, set out as a note under

section 41 of this title.

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35 USC Sec. 306 01/06/03

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TITLE 35 - PATENTS

PART III - PATENTS AND PROTECTION OF PATENT RIGHTS

CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE

REEXAMINATION OF PATENTS

-HEAD-

Sec. 306. Appeal

-STATUTE-

The patent owner involved in a reexamination proceeding under

this chapter may appeal under the provisions of section 134 of this

title, and may seek court review under the provisions of sections

141 to 145 of this title, with respect to any decision adverse to

the patentability of any original or proposed amended or new claim

of the patent.

-SOURCE-

(Added Pub. L. 96-517, Sec. 1, Dec. 12, 1980, 94 Stat. 3016.)

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35 USC Sec. 307 01/06/03

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TITLE 35 - PATENTS

PART III - PATENTS AND PROTECTION OF PATENT RIGHTS

CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE

REEXAMINATION OF PATENTS

-HEAD-

Sec. 307. Certificate of patentability, unpatentability, and claim

cancellation

-STATUTE-

(a) In a reexamination proceeding under this chapter, when the

time for appeal has expired or any appeal proceeding has

terminated, the Director will issue and publish a certificate

canceling any claim of the patent finally determined to be

unpatentable, confirming any claim of the patent determined to be

patentable, and incorporating in the patent any proposed amended or

new claim determined to be patentable.

(b) Any proposed amended or new claim determined to be patentable

and incorporated into a patent following a reexamination proceeding

will have the same effect as that specified in section 252 of this

title for reissued patents on the right of any person who made,

purchased, or used within the United States, or imported into the

United States, anything patented by such proposed amended or new

claim, or who made substantial preparation for the same, prior to

issuance of a certificate under the provisions of subsection (a) of

this section.

-SOURCE-

(Added Pub. L. 96-517, Sec. 1, Dec. 12, 1980, 94 Stat. 3016;

amended Pub. L. 103-465, title V, Sec. 533(b)(8), Dec. 8, 1994, 108

Stat. 4990; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,

Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582;

Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2,

2002, 116 Stat. 1906.)

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AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273 made technical correction to

directory language of Pub. L. 106-113. See 1999 Amendment note

below.

1999 - Subsec. (a). Pub. L. 106-113, as amended by Pub. L.

107-273, substituted "Director" for "Commissioner".

1994 - Subsec. (b). Pub. L. 103-465 substituted "used within the

United States, or imported into the United States, anything" for

"used anything".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on date that is one year

after date on which the WTO Agreement enters into force with

respect to the United States [Jan. 1, 1995], with provisions

relating to earliest filed patent application, see section 534(a),

(b)(3) of Pub. L. 103-465, set out as a note under section 154 of

this title.

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