35-U.S.C.-305
§305 – Conduct of Reexamination Proceedings
Pathway
Title 35 > Part III > Chapter 30 > Section 305
Details
- Reference: Section 305
- Legend: §305 – Conduct of Reexamination Proceedings
- USCode Year: 2013
Provision Content
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.)
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.
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.
U.S. Encyclopedia of Law Coverage
35-U.S.C.-286 in the Legal Encyclopedia: Patents
In this entry about 35-U.S.C.-286, find legal reference material, bibliographies and premiere content related to patents in the American Encyclopedia of Law, presenting a comprehensive view of the United States patents-specific issues, written by authorities in the field.
35-U.S.C.-294 in the Legal Encyclopedia: Rights
In this entry about 35-U.S.C.-294, find legal reference material, bibliographies and premiere content related to rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States rights-specific issues, written by authorities in the field.
35-U.S.C.-289 in the Legal Encyclopedia: Protection
In this entry about 35-U.S.C.-289, find legal reference material, bibliographies and premiere content related to protection in the American Encyclopedia of Law, presenting a comprehensive view of the United States protection-specific issues, written by authorities in the field.
35-U.S.C.-283 in the Legal Encyclopedia: Patent Rights
In this entry about 35-U.S.C.-283, find legal reference material, bibliographies and premiere content related to patent rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States patent rights-specific issues, written by authorities in the field.
Leave a Reply