§ 304. — Reexamination order 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: 35USC304]
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
If, in a determination made under the provisions of subsection
303(a) of this title, 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 of this title. 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, Sec. 1, Dec. 12, 1980, 94 Stat. 3016; amended
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(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. 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.
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 305 of this title.
