35 U.S.C. § 302 — Request for reexamination
submitted 46 years ago by Pub. L. 96-517 to r/title-35-PATENTS · 111 words · no verdicts yet
Anyone can ask the Patent Office to reexamine a patent claim using prior art allowed under section 301. The request must be written, paid for, and explain how the cited prior art applies to each claim. The Office must notify the patent's owner if someone else made the request.
This section lets outside people ask for a patent to be reexamined. Any person may file a request, at any time, asking the Office to reexamine any claim of a patent, based on prior art cited under section 301.
The request must be in writing and must include payment of a reexamination fee, set by the Director under section 41. The request must also explain how relevant the cited prior art is, and how it applies, to every claim the requester wants reexamined.
If the person making the request is not the patent's owner, the Director must promptly send a copy of the request to the patent's owner of record.
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. 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. 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 credit: (Added Pub. L. 96–517, § 1, Dec. 12, 1980, 94 Stat. 3015; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(8), (10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)
- 1980Enacted · Pub. L. 96-517 · 94 Stat. 3015
- 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
- 2002Amended · Pub. L. 107-273 · 116 Stat. 1906
- 2011Amended · Pub. L. 112-29 · 125 Stat. 335
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-517 on 1980-12-12.
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