Conduct of reexamination proceedings

  1. Law
  2. USC 35
  3. Patents
  4. PATENTS AND PROTECTION OF PATENT RIGHTS
  5. PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS
  6. Conduct of reexamination proceedings

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§305. Conduct of reexamination proceedings

After the times for filing the statement and reply provided for by section 304 have expired, reexamination will be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133. 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, 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 Patent Trial and Appeal Board, will be conducted with special dispatch within the Office.

(Added Pub. L. 96–517, §1, Dec. 12, 1980, 94 Stat. 3016 ; amended Pub. L. 98–622, title II, §204(c), Nov. 8, 1984, 98 Stat. 3388 ; Pub. L. 112–29, §§3(j)(1), 20(j), Sept. 16, 2011, 125 Stat. 290 , 335.)


Editorial Notes

Amendments

2011-Pub. L. 112–29, §20(j), struck out "of this title" after "304", after "133", and after "301".

Pub. L. 112–29, §3(j)(1), substituted "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences".

1984-Pub. L. 98–622, §204(c), substituted "Patent Appeals and Interferences" for "Appeals".


Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by section 3(j)(1) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title.

Amendment by section 20(j) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.

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.

Effective Date

Section 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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