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

  • (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.

(Added Dec. 12, 1980, Public Law 96-517, sec. 1, 94 Stat. 3016; amended Dec. 8, 1994, Public Law 103-465, sec. 533(b)(8), 108 Stat. 4990; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A))amended Sept. 16, 2011, Public Law 112-29, sec. 20(j), 125 Stat. 284, effective Sept. 16, 2012.)

CHAPTER CHAPTER 31 - INTER PARTES REVIEW

  • 311 (note) Inter partes review applicability provisions.
  • 311 Inter partes review.
  • 312 Petitions.
  • 313 Preliminary response to petition.
  • 314 Institution of inter partes review.
  • 315 Relation to other proceedings or actions.
  • 316 Conduct of inter partes review.
  • 317 Settlement.
  • 318 Decision of the Board.
  • 319 Appeal.