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35 U.S.C. § 305 — Conduct of reexamination proceedings

submitted 46 years ago by Pub. L. 96-517 to r/title-35-PATENTS · 148 words · no verdicts yet

in plain englishAI-generated · not legal advice

Once the deadlines for filing statements and replies under section 304 pass, a patent reexamination follows the same procedures as an original patent examination. The patent owner can propose changes and new claims to distinguish the invention from the prior art, but can't broaden any claim's scope. The whole process, including any appeal, moves with special speed.

After the deadlines for filing the statement and reply required by section 304 have passed, the reexamination follows the same procedures used for an original patent examination under sections 132 and 133. During reexamination, the patent owner can propose changing the patent, or adding new claims, to separate the claimed invention from the prior art cited under section 301, or to respond to a ruling against the patentability of a claim. No proposed change or new claim can make a claim broader than it already is. The whole reexamination process, including any appeal to the Patent Trial and Appeal Board, must move through the Patent Office with special speed.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-517 · 94 Stat. 3016
  • 1984Amended · Pub. L. 98-622 · 98 Stat. 3388
  • 2011Amended · Pub. L. 112-29 · 125 Stat. 290, 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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