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35 U.S.C. § 304Reexamination order by Director

submitted 46 years ago by Pub. L. 96-517 to r/title-35-PATENTS · 179 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the Patent Director finds a substantial new question about a patent's validity, the Director must order a reexamination to resolve it. The patent owner gets at least two months to respond and can propose changes to the patent. Whoever requested the reexamination then gets two months to reply to the patent owner's response.

This section has no lettered subsections; it describes one process in sequence. If, in a determination made under section 303(a), the Director finds that a substantial new question of patentability affects any claim of a patent, that determination must include an order to reexamine the patent to resolve the question. The patent owner gets a reasonable period — at least two months from when the determination is given or mailed to them — to file a statement on that question, including any amendment to the patent and any new claim or claims the owner wants to propose, for the reexamination to consider. If the patent owner files such a statement, the owner must promptly serve a copy on whoever requested the reexamination under section 302. That requester then has two months from being served the copy to file a reply, which will also be considered in the reexamination. The requester must promptly serve the patent owner with a copy of any reply filed.
the actual law source: uscode.house.gov ↗public domain

If, in a determination made under the provisions of subsection 303(a), 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. 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 credit: (Added Pub. L. 96–517, § 1, Dec. 12, 1980, 94 Stat. 3016; amended 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
  • 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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