justicedao/patent-legal-corpus huggingface dataset:
35 U.S.C. § 304 — Reexamination order by Director
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS Sec. 304 - Reexamination order by Director From the U.S. Government Publishing Office, www.gpo.gov §304. Reexamination order by Director If, in a determination made under the provisions of subsection 303(a), the Director finds that a substantial new question of patentability affecting any claim of a patent is raised, the determination will include an order for reexamination of the patent for resolution of the question. The patent owner will be given a reasonable period, not less than two months from the date a copy of the determination is given or mailed to him, within which he may file a statement on such question, including any amendment to his patent and new claim or claims he may wish to propose, for consideration in the reexamination. If the patent owner files such a statement, he promptly will serve a copy of it on the person who has requested reexamination under the provisions of section 302. Within a period of two months from the date of service, that person may file and have considered in the reexamination a reply to any statement filed by the patent owner. That person promptly will serve on the patent owner a copy of any reply filed. (Added Pub. L. 96–517, §1, Dec. 12, 1980, 94 Stat. 3016; amended Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, §20(j), Sept. 16, 2011, 125 Stat. 335.) Editorial Notes Amendments 2011 —Pub. L. 112–29 struck out "of this title" after "303(a)" and after "302". 2002 —Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999 —Pub. L. 106–113, as amended by Pub. L. 107–273, substituted "Director" for "Commissioner" in section catchline and text. 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 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. Effective Date of 1999 Amendment Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, 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 Section effective July 1, 1981, and applicable to patents in force as of July 1, 1981, 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.
35 U.S.C. § 305 — Conduct of reexamination proceedings
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS Sec. 305 - Conduct of reexamination proceedings From the U.S. Government Publishing Office, www.gpo.gov §305. Conduct of reexamination proceedings 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. (Added Pub. L. 96–517, §1, Dec. 12, 1980, 94 Stat. 3016; amended Pub. L. 98–622, title II, §204(c), Nov. 8, 1984, 98 Stat. 3388; Pub. L. 112–29, §§3(j)(1), 20(j), Sept. 16, 2011, 125 Stat. 290, 335.) Editorial Notes Amendments 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 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. Effective Date of 1984 Amendment Amendment by Pub. L. 98–622 effective three months after Nov. 8, 1984, see section 207 of Pub. L. 98–622, set out as a note under section 41 of this title. Effective Date Section effective July 1, 1981, and applicable to patents in force as of July 1, 1981, 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.
35 U.S.C. § 306 — Appeal
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS Sec. 306 - Appeal From the U.S. Government Publishing Office, www.gpo.gov §306. Appeal 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. (Added Pub. L. 96–517, §1, Dec. 12, 1980, 94 Stat. 3016; amended Pub. L. 112–29, §§6(h)(2)(A), 20(j), Sept. 16, 2011, 125 Stat. 312, 335.) 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), 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. Effective Date Section effective July 1, 1981, and applicable to patents in force as of July 1, 1981, 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.
35 U.S.C. § 31 — Repealed. Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4715(b)
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART I - UNITED STATES PATENT AND TRADEMARK OFFICE CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE Sec. 31 - Repealed. Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4715(b) From the U.S. Government Publishing Office, www.gpo.gov [§31. Repealed. Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4715(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–580] Section, acts July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93–596, §1, Jan. 2, 1975, 88 Stat. 1949, authorized the Commissioner to prescribe regulations for agents and attorneys. Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as an Effective Date of 1999 Amendment note under section 1 of this title.
35 U.S.C. § 319 — Appeal
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 31 - INTER PARTES REVIEW Sec. 319 - Appeal From the U.S. Government Publishing Office, www.gpo.gov §319. Appeal A party dissatisfied with the final written decision of the Patent Trial and Appeal Board under section 318(a) may appeal the decision pursuant to sections 141 through 144. Any party to the inter partes review shall have the right to be a party to the appeal. (Added Pub. L. 112–29, §6(a), Sept. 16, 2011, 125 Stat. 304.) Statutory Notes and Related Subsidiaries Effective Date Section effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent issued before, on, or after that effective date, with provisions for graduated implementation, see section 6(c)(2) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment note under section 311 of this title.
35 U.S.C. § 322 — Petitions
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 32 - POST-GRANT REVIEW Sec. 322 - Petitions From the U.S. Government Publishing Office, www.gpo.gov §322. Petitions (a) Requirements of Petition .—A petition filed under section 321 may be considered only if— (1) the petition is accompanied by payment of the fee established by the Director under section 321; (2) the petition identifies all real parties in interest; (3) the petition identifies, in writing and with particularity, each claim challenged, the grounds on which the challenge to each claim is based, and the evidence that supports the grounds for the challenge to each claim, including— (A) copies of patents and printed publications that the petitioner relies upon in support of the petition; and (B) affidavits or declarations of supporting evidence and opinions, if the petitioner relies on other factual evidence or on expert opinions; (4) the petition provides such other information as the Director may require by regulation; and (5) the petitioner provides copies of any of the documents required under paragraphs (2), (3), and (4) to the patent owner or, if applicable, the designated representative of the patent owner. (b) Public Availability .—As soon as practicable after the receipt of a petition under section 321, the Director shall make the petition available to the public. (Added Pub. L. 112–29, §6(d), Sept. 16, 2011, 125 Stat. 306.) Statutory Notes and Related Subsidiaries Effective Date Section effective upon the expiration of the 1-year period beginning Sept. 16, 2011, and applicable only to patents described in section 3(n)(1) of Pub. L. 112–29 (35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112–29, set out as a note under section 321 of this title.
35 U.S.C. § 323 — Preliminary response to petition
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 32 - POST-GRANT REVIEW Sec. 323 - Preliminary response to petition From the U.S. Government Publishing Office, www.gpo.gov §323. Preliminary response to petition If a post-grant review petition is filed under section 321, the patent owner shall have the right to file a preliminary response to the petition, within a time period set by the Director, that sets forth reasons why no post-grant review should be instituted based upon the failure of the petition to meet any requirement of this chapter. (Added Pub. L. 112–29, §6(d), Sept. 16, 2011, 125 Stat. 306.) Statutory Notes and Related Subsidiaries Effective Date Section effective upon the expiration of the 1-year period beginning Sept. 16, 2011, and applicable only to patents described in section 3(n)(1) of Pub. L. 112–29 (35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112–29, set out as a note under section 321 of this title.
35 U.S.C. § 324 — Institution of post-grant review
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 32 - POST-GRANT REVIEW Sec. 324 - Institution of post-grant review From the U.S. Government Publishing Office, www.gpo.gov §324. Institution of post-grant review (a) Threshold .—The Director may not authorize a post-grant review to be instituted unless the Director determines that the information presented in the petition filed under section 321, if such information is not rebutted, would demonstrate that it is more likely than not that at least 1 of the claims challenged in the petition is unpatentable. (b) Additional Grounds .—The determination required under subsection (a) may also be satisfied by a showing that the petition raises a novel or unsettled legal question that is important to other patents or patent applications. (c) Timing .—The Director shall determine whether to institute a post-grant review under this chapter pursuant to a petition filed under section 321 within 3 months after— (1) receiving a preliminary response to the petition under section 323; or (2) if no such preliminary response is filed, the last date on which such response may be filed. (d) Notice .—The Director shall notify the petitioner and patent owner, in writing, of the Director's determination under subsection (a) or (b), and shall make such notice available to the public as soon as is practicable. Such notice shall include the date on which the review shall commence. (e) No Appeal .—The determination by the Director whether to institute a post-grant review under this section shall be final and nonappealable. (Added Pub. L. 112–29, §6(d), Sept. 16, 2011, 125 Stat. 306.) Statutory Notes and Related Subsidiaries Effective Date Section effective upon the expiration of the 1-year period beginning Sept. 16, 2011, and applicable only to patents described in section 3(n)(1) of Pub. L. 112–29 (35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112–29, set out as a note under section 321 of this title.
35 U.S.C. § 327 — Settlement
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 32 - POST-GRANT REVIEW Sec. 327 - Settlement From the U.S. Government Publishing Office, www.gpo.gov §327. Settlement (a) In General .—A post-grant review instituted under this chapter shall be terminated with respect to any petitioner upon the joint request of the petitioner and the patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed. If the post-grant review is terminated with respect to a petitioner under this section, no estoppel under section 325(e) shall attach to the petitioner, or to the real party in interest or privy of the petitioner, on the basis of that peti tioner's institution of that post-grant review. If no petitioner remains in the post-grant review, the Office may terminate the post-grant review or proceed to a final written decision under section 328(a). (b) Agreements in Writing .—Any agreement or understanding between the patent owner and a petitioner, including any collateral agreements referred to in such agreement or understanding, made in connection with, or in contemplation of, the termination of a post-grant review under this section shall be in writing, and a true copy of such agreement or understanding shall be filed in the Office before the termination of the post-grant review as between the parties. At the request of a party to the proceeding, the agreement or understanding shall be treated as business confidential information, shall be kept separate from the file of the involved patents, and shall be made available only to Federal Government agencies on written request, or to any person on a showing of good cause. (Added Pub. L. 112–29, §6(d), Sept. 16, 2011, 125 Stat. 310.) Statutory Notes and Related Subsidiaries Effective Date Section effective upon the expiration of the 1-year period beginning Sept. 16, 2011, and applicable only to patents described in section 3(n)(1) of Pub. L. 112–29 (35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112–29, set out as a note under section 321 of this title.
35 U.S.C. § 328 — Decision of the Board
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 32 - POST-GRANT REVIEW Sec. 328 - Decision of the Board From the U.S. Government Publishing Office, www.gpo.gov §328. Decision of the Board (a) Final Written Decision .—If a post-grant review is instituted and not dismissed under this chapter, the Patent Trial and Appeal Board shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner and any new claim added under section 326(d). (b) Certificate .—If the Patent Trial and Appeal Board issues a final written decision under subsection (a) and the time for appeal has expired or any appeal has terminated, the Director shall 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 by operation of the certificate any new or amended claim determined to be patentable. (c) Intervening Rights .—Any proposed amended or new claim determined to be patentable and incorporated into a patent following a post-grant review under this chapter shall 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 therefor, before the issuance of a certificate under subsection (b). (d) Data on Length of Review .—The Office shall make available to the public data describing the length of time between the institution of, and the issuance of a final written decision under subsection (a) for, each post-grant review. (Added and amended Pub. L. 112–29, §§6(d), 20(j), Sept. 16, 2011, 125 Stat. 310, 335.) Editorial Notes Amendments 2011 —Subsec. (c). Pub. L. 112–29, §20(j), struck out "of this title" after "252". Statutory Notes and Related Subsidiaries Effective Date of 2011 Amendment 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. Effective Date Section effective upon the expiration of the 1-year period beginning Sept. 16, 2011, and applicable only to patents described in section 3(n)(1) of Pub. L. 112–29 (35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112–29, set out as a note under section 321 of this title.
35 U.S.C. § 329 — Appeal
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 32 - POST-GRANT REVIEW Sec. 329 - Appeal From the U.S. Government Publishing Office, www.gpo.gov §329. Appeal A party dissatisfied with the final written decision of the Patent Trial and Appeal Board under section 328(a) may appeal the decision pursuant to sections 141 through 144. Any party to the post-grant review shall have the right to be a party to the appeal. (Added Pub. L. 112–29, §6(d), Sept. 16, 2011, 125 Stat. 311.) Statutory Notes and Related Subsidiaries Effective Date Section effective upon the expiration of the 1-year period beginning Sept. 16, 2011, and applicable only to patents described in section 3(n)(1) of Pub. L. 112–29 (35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112–29, set out as a note under section 321 of this title.
35 U.S.C. § 33 — Unauthorized representation as practitioner
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART I - UNITED STATES PATENT AND TRADEMARK OFFICE CHAPTER 3 - PRACTICE BEFORE PATENT AND TRADEMARK OFFICE Sec. 33 - Unauthorized representation as practitioner From the U.S. Government Publishing Office, www.gpo.gov §33. Unauthorized representation as practitioner Whoever, not being recognized to practice before the Patent and Trademark Office, holds himself out or permits himself to be held out as so recognized, or as being qualified to prepare or prosecute applications for patent, shall be fined not more than $1,000 for each offense. (July 19, 1952, ch. 950, 66 Stat. 796; Pub. L. 93–596, §1, Jan. 2, 1975, 88 Stat. 1949.) Historical and Revision Notes Based on Title 35, U.S.C., 1946 ed., §11a (May 9, 1938, ch. 188, 52 Stat. 342). This is a criminal statute. The language has been considerably simplified and the upper limit of the penalty is increased. Editorial Notes Amendments 1975 —Pub. L. 93–596 substituted "Patent and Trademark Office" for "Patent Office". Statutory Notes and Related Subsidiaries Effective Date of 1975 Amendment Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a under section 1111 of Title 15, Commerce and Trade.