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§ 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.



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