Title 35 — Patents
Part III · Chapter 30 — Prior Art Citations to Office and Ex Parte Reexamination of Patents
§ 307. Certificate of patentability, unpatentability, and claim cancellation
Statutory text
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.
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.
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. § 307
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. 103–465 title V § 533(b)(8) · 108 Stat. 4809
Substituted · 35 U.S.C. § 307(b)
Pub. L. 103–465 substituted “used within the United States, or imported into the United States, anything” for “used anything”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–465 substituted “used within the United States, or imported into the United States, anything” for “used anything”.Enacted provision · exact public law section
(8) Section 307(b) of title 35, United States Code, is amended by striking “used anything” and inserting “used within the United States, or imported into the United States, anything”.District of Columbia Appropriations Act, 2000
Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501
Amended · 35 U.S.C. § 307(a)
Pub. L. 106–113, as amended by Pub. L. 107–273
Substituted · 35 U.S.C. § 307(a)
Pub. L. 106–113, as substituted “Director” for “Commissioner”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.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. § 307(a)
Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. 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),”.Pub. L. 112–29 § 20(j) · 125 Stat. 335
Struck · 35 U.S.C. § 307(b)
Pub. L. 112–29 struck out “of this title” after “252”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 112–29 struck out “of this title” after “252”.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.
3 of 6 references resolved to an enrolled provision · 3 partial
Editorial Notes
Amendments1994–2011 · 4 rounds
2011
Subsec. (b). Pub. L. 112–29 struck out “of this title” after “252”.
2002
Subsec. (a). Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999
Subsec. (a). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.
1994
Subsec. (b). Pub. L. 103–465 substituted “used within the United States, or imported into the United States, anything” for “used anything”.
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
Amendment by 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.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–465 effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) of Pub. L. 103–465, set out as a note under section 154 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 · 5 acts
- 1980Added Pub. L. 96–517, § 1, , 94 Stat. 3016
- 1994amended Pub. L. 103–465, title V, § 533(b)(8), , 108 Stat. 4990
- 1999Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–582
- 2002Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), , 116 Stat. 1906
- 2011Pub. L. 112–29, § 20(j), , 125 Stat. 335.
Show as published
(Added Pub. L. 96–517, § 1, , 94 Stat. 3016; amended Pub. L. 103–465, title V, § 533(b)(8), , 108 Stat. 4990; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], , 113 Stat. 1536, 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.)