§ 307. — Certificate of patentability, unpatentability, and claim cancellation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC307]
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. 307. Certificate of patentability, unpatentability, and
claim cancellation
(a) 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.
(b) 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 of this title 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.
(Added Pub. L. 96-517, Sec. 1, Dec. 12, 1980, 94 Stat. 3016; amended
Pub. L. 103-465, title V, Sec. 533(b)(8), Dec. 8, 1994, 108 Stat. 4990;
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--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''.
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.
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 [Jan. 1, 1995], 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.
