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§ 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.



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