Title 35 — Patents
Part III · Chapter 30 — Prior Art Citations to Office and Ex Parte Reexamination of Patents
§ 305. Conduct of reexamination proceedings
Statutory text
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.
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.
Pub. L. 96–517 § 1 · 94 Stat. 3015
Enacted · 35 U.S.C. § 305
Added Pub. L. 96–517, § 1, Dec. 12, 1980, 94 Stat. 3016
Source evidence
Code source credit
Added Pub. L. 96–517, § 1, Dec. 12, 1980, 94 Stat. 3016Patent Law Amendments Act of 1984
Pub. L. 98–622 § 204(c) · 98 Stat. 3383
Substituted · 35 U.S.C. § 305
Pub. L. 98–622, § 204(c), substituted “Patent Appeals and Interferences” for “Appeals”
Source evidence
Code amendment note
Pub. L. 98–622, § 204(c), substituted “Patent Appeals and Interferences” for “Appeals”.Enacted provision · exact public law section
(c) Section 305 of title 35, United States Code, is amended by striking out “Appeals” and inserting in lieu thereof “Patent Appeals and Interferences”.Pub. L. 112–29 § 20(j) · 125 Stat. 290
Struck · 35 U.S.C. § 305
Pub. L. 112–29, § 20(j), struck out “of this title” after “304”, after “133”, and after “301”
Source evidence
Code amendment note
Pub. L. 112–29, § 20(j), struck out “of this title” after “304”, after “133”, and after “301”.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 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.Pub. L. 112–29 § 3(j)(1) · 125 Stat. 290
Substituted · 35 U.S.C. § 305
Pub. L. 112–29, § 3(j)(1), substituted “Patent Trial and Appeal Board” for “Board of Patent Appeals and Interferences”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–29, § 3(j)(1), substituted “Patent Trial and Appeal Board” for “Board of Patent Appeals and Interferences”.Enacted provision · exact public law section
(1) Sections 134, 145, 146, 154, and 305 of title 35, United States Code, are each amended by striking “Board of Patent Appeals and Interferences” each place it appears and inserting “Patent Trial and Appeal Board”.Effective date note
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.
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1984–2011 · 2 rounds
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”.
Statutory Notes and Related Subsidiaries
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 , 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 , 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 , see section 207 of Pub. L. 98–622, set out as a note under section 41 of this title.
Effective Date
Section effective , and applicable to patents in force as of , or issued thereafter, see section 8(b) of Pub. L. 96–517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
Credits
1980–2011 · 3 acts
- 1980Added Pub. L. 96–517, § 1, , 94 Stat. 3016
- 1984amended Pub. L. 98–622, title II, § 204(c), , 98 Stat. 3388
- 2011Pub. L. 112–29, §§ 3(j)(1), 20(j), , 125 Stat. 290, 335.
Show as published
(Added Pub. L. 96–517, § 1, , 94 Stat. 3016; amended Pub. L. 98–622, title II, § 204(c), , 98 Stat. 3388; Pub. L. 112–29, §§ 3(j)(1), 20(j), , 125 Stat. 290, 335.)