§ 302. — Request for reexamination.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC302]
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. 302. Request for reexamination
Any person at any time may file a request for reexamination by the
Office of any claim of a patent on the basis of any prior art cited
under the provisions of section 301 of this title. The request must be
in writing and must be accompanied by payment of a reexamination fee
established by the Director pursuant to the provisions of section 41 of
this title. The request must set forth the pertinency and manner of
applying cited prior art to every claim for which reexamination is
requested. Unless the requesting person is the owner of the patent, the
Director promptly will send a copy of the request to the owner of record
of the patent.
(Added Pub. L. 96-517, Sec. 1, Dec. 12, 1980, 94 Stat. 3015; amended
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(8),
(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L. 107-273,
div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
Amendments
2002--Pub. L. 107-273 made technical correction to directory
language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)]. See 1999 Amendment note below.
1999--Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], as amended by Pub. L. 107-273, substituted
``Director promptly'' for ``Commissioner promptly''.
Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(8)],
substituted ``Director pursuant'' for ``Commissioner of Patents
pursuant''.
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, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of this title.
Section Referred to in Other Sections
This section is referred to in sections 100, 303, 304 of this title.
