Title 35 — Patents
Part III · Chapter 30 — Prior Art Citations to Office and Ex Parte Reexamination of Patents
§ 306. Appeal
Statutory text
The patent owner involved in a reexamination proceeding under this chapter may appeal under the provisions of section 134, and may seek court review under the provisions of sections 141 to 144, with respect to any decision adverse to the patentability of any original or proposed amended or new claim of the patent.
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. § 306
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. 3016Pub. L. 112–29 § 20(j) · 125 Stat. 312
Struck · 35 U.S.C. § 306
Pub. L. 112–29, § 20(j), struck out “of this title” after “134” and after “144”
Source evidence
Code amendment note
Pub. L. 112–29, § 20(j), struck out “of this title” after “134” and after “144”.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
Pub. L. 112–29, § 6(h)(2)(B), Sept. 16, 2011, 125 Stat. 312, provided that: “The amendment made by this paragraph [amending this section] shall take effect on the date of the enactment of this Act [Sept. 16, 2011] and shall apply to any appeal of a reexamination before the Board of Patent Appeals and Interferences or the Patent Trial and Appeal Board that is pending on, or brought on or after, the date of the enactment of this Act.” 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 § 6(h)(2)(A) · 125 Stat. 312
Substituted · 35 U.S.C. § 306
Pub. L. 112–29, § 6(h)(2)(A), substituted “144” for “145”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–29, § 6(h)(2)(A), substituted “144” for “145”.Enacted provision · exact public law section
(A) In general.— Section 306 of title 35, United States Code, is amended by striking “145” and inserting “144”.Effective date note
Pub. L. 112–29, § 6(h)(2)(B), Sept. 16, 2011, 125 Stat. 312, provided that: “The amendment made by this paragraph [amending this section] shall take effect on the date of the enactment of this Act [Sept. 16, 2011] and shall apply to any appeal of a reexamination before the Board of Patent Appeals and Interferences or the Patent Trial and Appeal Board that is pending on, or brought on or after, the date of the enactment of this Act.” 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.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments
2011—Pub. L. 112–29, § 20(j), struck out “of this title” after “134” and after “144”.
Pub. L. 112–29, § 6(h)(2)(A), substituted “144” for “145”.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Pub. L. 112–29, § 6(h)(2)(B), , 125 Stat. 312, provided that: “The amendment made by this paragraph [amending this section] shall take effect on the date of the enactment of this Act [] and shall apply to any appeal of a reexamination before the Board of Patent Appeals and Interferences or the Patent Trial and Appeal Board that is pending on, or brought on or after, the date of the enactment of this Act.”
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
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 · 2 acts
- 1980Added Pub. L. 96–517, § 1, , 94 Stat. 3016
- 2011amended Pub. L. 112–29, §§ 6(h)(2)(A), 20(j), , 125 Stat. 312, 335.
Show as published
(Added Pub. L. 96–517, § 1, , 94 Stat. 3016; amended Pub. L. 112–29, §§ 6(h)(2)(A), 20(j), , 125 Stat. 312, 335.)