§ 303. — Determination of issue by Director.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC303]
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. 303. Determination of issue by Director
(a) Within three months following the filing of a request for
reexamination under the provisions of section 302 of this title, the
Director will determine whether a substantial new question of
patentability affecting any claim of the patent concerned is raised by
the request, with or without consideration of other patents or printed
publications. On his own initiative, and any time, the Director may
determine whether a substantial new question of patentability is raised
by patents and publications discovered by him or cited under the
provisions of section 301 of this title. The existence of a substantial
new question of patentability is not precluded by the fact that a patent
or printed publication was previously cited by or to the Office or
considered by the Office.
(b) A record of the Director's determination under subsection (a) of
this section will be placed in the official file of the patent, and a
copy promptly will be given or mailed to the owner of record of the
patent and to the person requesting reexamination, if any.
(c) A determination by the Director pursuant to subsection (a) of
this section that no substantial new question of patentability has been
raised will be final and nonappealable. Upon such a determination, the
Director may refund a portion of the reexamination fee required under
section 302 of this title.
(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)(9)(A),
(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L. 107-273,
div. C, title III, Secs. 13105(a), 13206(b)(1), Nov. 2, 2002, 116 Stat.
1900, 1905, 1906.)
Amendments
2002--Subsec. (a). Pub. L. 107-273, Sec. 13206(b)(1)(B), 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.
Pub. L. 107-273, Sec. 13105(a), inserted at end ``The existence of a
substantial new question of patentability is not precluded by the fact
that a patent or printed publication was previously cited by or to the
Office or considered by the Office.''
Subsec. (b). Pub. L. 107-273, Sec. 13206(b)(1)(A), made technical
correction to directory language of Pub. L. 106-113, Sec. 1000(a)(9)
[title IV, Sec. 4732(a)(9)(A)(ii)]. See 1999 Amendment note below.
Subsec. (c). Pub. L. 107-273, Sec. 13206(b)(1)(B), 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)(9)(A)(i)], substituted ``Director'' for ``Commissioner'' in
section catchline.
Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], as amended by Pub. L. 107-273,
Sec. 13206(b)(1)(B), substituted ``Director'' for ``Commissioner'' in
two places.
Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(9)(A)(ii)], as amended by Pub. L. 107-273,
Sec. 13206(b)(1)(A), substituted ``Director's'' for ``Commissioner's''.
Subsec. (c). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], as amended by Pub. L. 107-273,
Sec. 13206(b)(1)(B), substituted ``Director'' for ``Commissioner'' in
two places.
Effective Date of 2002 Amendment
Pub. L. 107-273, div. C, title III, Sec. 13105(b), Nov. 2, 2002, 116
Stat. 1900, provided that: ``The amendments made by this section
[amending this section and section 312 of this title] shall apply with
respect to any determination of the Director of the United States Patent
and Trademark Office that is made under section 303(a) or 312(a) of
title 35, United States Code, on or after the date of enactment of this
Act [Nov. 2, 2002].''
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 section 304 of this title.
