[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC312]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
Sec. 312. Determination of issue by Director
(a) Reexamination.--Not later than 3 months after the filing of a
request for inter partes reexamination under section 311, the Director
shall determine whether a substantial new question of patentability
affecting any claim of the patent concerned is raised by the request,
with or without consideration of other patents or printed publications.
The existence of a substantial new question of patentability is not
precluded by the fact that a patent or printed publication was
previously cited by or to the Office or considered by the Office.
(b) Record.--A record of the Director's determination under
subsection (a) shall be placed in the official file of the patent, and a
copy shall be promptly given or mailed to the owner of record of the
patent and to the third-party requester.
(c) Final Decision.--A determination by the Director under
subsection (a) shall be final and non-appealable. Upon a determination
that no substantial new question of patentability has been raised, the
Director may refund a portion of the inter partes reexamination fee
required under section 311.
(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-568; amended Pub. L.
107-273, div. C, title III, Secs. 13105(a), 13202(a)(2), (c)(1), Nov. 2,
2002, 116 Stat. 1900-1902.)
Amendments
2002--Pub. L. 107-273, Sec. 13202(c)(1), made technical correction
to directory language of Pub. L. 106-113, which enacted this section.
Subsec. (a). Pub. L. 107-273, Sec. 13202(a)(2)(A), struck out second
sentence which read as follows: ``On the Director's initiative, and at
any time, the Director may determine whether a substantial new question
of patentability is raised by patents and publications.''
Pub. L. 107-273, Sec. 13105(a), inserted at end ``The existence of a
substantial new question of patentability is not precluded by the fact
that a patent or printed publication was previously cited by or to the
Office or consi