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Title 35 — Patents

Part II · Chapter 12 — Examination of Application

§ 132. Notice of rejection; reexamination

Statutory text

(a)

Whenever, on examination, any claim for a patent is rejected, or any objection or requirement made, the Director shall notify the applicant thereof, stating the reasons for such rejection, or objection or requirement, together with such information and references as may be useful in judging of the propriety of continuing the prosecution of his application; and if after receiving such notice, the applicant persists in his claim for a patent, with or without amendment, the application shall be re­examined. No amendment shall introduce new matter into the disclosure of the invention.

(b)

The Director shall prescribe regulations to provide for the continued examination of applications for patent at the request of the applicant. The Director may establish appropriate fees for such continued examination and shall provide a 50 percent reduction in such fees for small entities that qualify for reduced fees under section 41(h)(1).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. July 19, 1952, ch. 950, 66 Stat. 801 · 66 Stat. 801

    Enacted · 35 U.S.C. § 132

    July 19, 1952, ch. 950, 66 Stat. 801

    Source evidence

    Code source credit
    July 19, 1952, ch. 950, 66 Stat. 801

  2. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501

    1. Amended · 35 U.S.C. § 132

      Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273

    2. Substituted · 35 U.S.C. § 132

      Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as substituted “Director” for “Commissioner”

    Source evidence

    Code amendment note
    Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.

  3. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(9)(tIV)(s4403) · 113 Stat. 1501

    1. Amended · 35 U.S.C. § 132

      Pub. L. 106–113, § 1000(a)(9) [title IV, § 4403], designated existing provisions as subsec. (a)

    2. Added · 35 U.S.C. § 132

      Pub. L. 106–113, § 1000(a)(9) [title IV, § 4403], added subsec. (b)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–113, § 1000(a)(9) [title IV, § 4403], designated existing provisions as subsec. (a) and added subsec. (b).

  4. Intellectual Property and High Technology Technical Amendments Act of 2002

    Pub. L. 107–273 div. C title III § 13206(b)(1)(B) · 116 Stat. 1758

    Changed · 35 U.S.C. § 132

    Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.

    Enacted provision · exact public law section
    (B) in paragraph (10)(A), by inserting after “title 35, United States Code,” the following: “other than sections 1 through 6 (as amended by chapter 1 of this subtitle),”.

  5. Pub. L. 112–29 § 20(j) · 125 Stat. 335

    Struck · 35 U.S.C. § 132(b)

    Pub. L. 112–29 struck out “of this title” after “41(h)(1)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 112–29 struck out “of this title” after “41(h)(1)”.

    Enacted provision · exact public law section
    (j) Unnecessary References.— (1) In general.— Title 35, 35 USC 2, 12, 32, 41, 103, 104, 111, 119–123, 132, 135, 143, 145, 146, 154, 157, 162, 172, 182–186, 207, 210, 257, 267. United States Code, is amended by striking “of this title” each place that term appears. (2) Exception.— The amendment made by paragraph (1) shall not apply to the use of such term in the following sections of title 35, United States Code: (A) Section 1(c). (B) Section 101. (C) Subsections (a) and (b) of section 105. (D) The first instance of the use of such term in section 111(b)(8). (E) Section 161. (F) Section 164. (G) Section 171. (H) Section 251(c), as so designated by this section. (I) Section 261. (J) Subsections (g) and (h) of section 271. (K) Section 287(b)(1). (L) Section 289. (M) The first instance of the use of such term in section 375(a).

    Effective date note
    Amendment by 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.

2 of 7 references resolved to an enrolled provision · 5 partial

Notes

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 51 (R.S. 4903, amended Aug. 5, 1939, ch. 452, § 1, 53 Stat. 1213).

The first paragraph of the corresponding section of existing statute is revised in language and amplified to incorporate present practice; the second paragraph of the existing statute is placed in section 135.

The last sentence relating to new matter is added but represents no departure from present practice.

Editorial Notes

Amendments1999–2011 · 3 rounds

2011

Subsec. (b). Pub. L. 112–29 struck out “of this title” after “41(h)(1)”.

2002

Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.

1999

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4403], designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on , 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 1999 Amendment

Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4405(b)], , 113 Stat. 1536, 1501A–560, provided that:

“The amendments made by section 4403 [amending this section]—

“(1)

shall take effect on the date that is 6 months after the date of the enactment of this Act [], and shall apply to all applications filed under section 111(a) of title 35, United States Code, on or after , and all applications complying with section 371 of title 35, United States Code, that resulted from international applications filed on or after ; and

“(2)

do not apply to applications for design patents under chapter 16 of title 35, United States Code.”

Amendment by section 1000(a)(9) [title IV, § 4732(a)(10)(A)] of Pub. L. 106–113 effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.

Credits

1952–2011 · 4 acts
  1. 1952July 19, 1952, ch. 950, 66 Stat. 801
  2. 1999Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4403, 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–560, 1501A–582
  3. 2002Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), , 116 Stat. 1906
  4. 2011Pub. L. 112–29, § 20(j), , 125 Stat. 335.
Show as published

(July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4403, 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–560, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), , 116 Stat. 1906; Pub. L. 112–29, § 20(j), , 125 Stat. 335.)

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