§ 314. — Conduct of inter partes reexamination proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC314]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
Sec. 314. Conduct of inter partes reexamination proceedings
(a) In General.--Except as otherwise provided in this section,
reexamination shall be conducted according to the procedures established
for initial examination under the provisions of sections 132 and 133. In
any inter partes reexamination proceeding under this chapter, the patent
owner shall be permitted to propose any amendment to the patent and a
new claim or claims, except that no proposed amended or new claim
enlarging the scope of the claims of the patent shall be permitted.
(b) Response.--(1) With the exception of the inter partes
reexamination request, any document filed by either the patent owner or
the third-party requester shall be served on the other party. In
addition, the Office shall send to the third-party requester a copy of
any communication sent by the Office to the patent owner concerning the
patent subject to the inter partes reexamination proceeding.
(2) Each time that the patent owner files a response to an action on
the merits from the Patent and Trademark Office, the third-party
requester shall have one opportunity to file written comments addressing
issues raised by the action of the Office or the patent owner's response
thereto, if those written comments are received by the Office within 30
days after the date of service of the patent owner's response.
(c) Special Dispatch.--Unless otherwise provided by the Director for
good cause, all inter partes reexamination proceedings under this
section, including any appeal to the Board of Patent Appeals and
Interferences, shall be conducted with special dispatch within the
Office.
(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, Sec. 13202(a)(3), (c)(1), Nov. 2, 2002, 116
Stat. 1901, 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. (b). Pub. L. 107-273, Sec. 13202(a)(3), redesignated par.
(2) as (1), substituted ``the Office shall send to the third-party
requester a copy'' for ``the third-party requester shall receive a
copy'', redesignated par. (3) as (2), and struck out former par. (1)
which read as follows: ``This subsection shall apply to any inter partes
reexamination proceeding in which the order for inter partes
reexamination is based upon a request by a third-party requester.''
Section Referred to in Other Sections
This section is referred to in section 313 of this title.
