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§ 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.



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