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§ 312. —  Determination of issue by Director.

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[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

	 
	 




























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