§ 316. — 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: 35USC316]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
Sec. 316. Certificate of patentability, unpatentability, and
claim cancellation
(a) In General.--In an inter partes reexamination proceeding under
this chapter, when the time for appeal has expired or any appeal
proceeding has terminated, the Director shall 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) Amended or New Claim.--Any proposed amended or new claim
determined to be patentable and incorporated into a patent following an
inter partes reexamination proceeding shall 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 therefor,
prior to issuance of a certificate under the provisions of subsection
(a) of this section.
(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-569; amended Pub. L.
107-273, div. C, title III, Sec. 13202(c)(1), Nov. 2, 2002, 116 Stat.
1902.)
Amendments
2002--Pub. L. 107-273 made technical correction to directory
language of Pub. L. 106-113, which enacted this section.
Section Referred to in Other Sections
This section is referred to in section 317 of this title.
