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35 U.S.C. § 307 — Certificate of patentability, unpatentability, and claim cancellation

submitted 46 years ago by Pub. L. 96-517 to r/title-35-PATENTS · 152 words · no verdicts yet

in plain englishAI-generated · not legal advice

After a patent reexamination and any appeal are finished, the Patent Office issues a certificate. It cancels claims found unpatentable, confirms claims found patentable, and adds any approved new or amended claims. New or amended claims get the same fair protections as reissued patents for people who already made or used the invention.

(a) After a reexamination, once the time to appeal has run out or any appeal has ended, the Director must issue and publish a certificate. That certificate cancels any patent claim finally found unpatentable, confirms any claim found patentable, and adds any proposed amended or new claim found patentable. (b) If an amended or new claim is found patentable and added to the patent, it gets the same legal protection that section 252 gives reissued patents. That protection covers anyone who made, bought, used, or imported the patented item -- or made real preparations to do so -- before the certificate under (a) was issued.
the actual law source: uscode.house.gov ↗public domain
(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 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 credit: (Added Pub. L. 96–517, § 1, Dec. 12, 1980, 94 Stat. 3016; amended Pub. L. 103–465, title V, § 533(b)(8), Dec. 8, 1994, 108 Stat. 4990; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(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.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-517 · 94 Stat. 3016
  • 1994Amended · Pub. L. 103-465 · 108 Stat. 4990
  • 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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