§ 317. — Inter partes reexamination prohibited.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC317]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
Sec. 317. Inter partes reexamination prohibited
(a) Order for Reexamination.--Notwithstanding any provision of this
chapter, once an order for inter partes reexamination of a patent has
been issued under section 313, neither the third-party requester nor its
privies,\1\ may file a subsequent request for inter partes reexamination
of the patent until an inter partes reexamination certificate is issued
and published under section 316, unless authorized by the Director.
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\1\ So in original. The comma probably should not appear.
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(b) Final Decision.--Once a final decision has been entered against
a party in a civil action arising in whole or in part under section 1338
of title 28,\1\ that the party has not sustained its burden of proving
the invalidity of any patent claim in suit or if a final decision in an
inter partes reexamination proceeding instituted by a third-party
requester is favorable to the patentability of any original or proposed
amended or new claim of the patent, then neither that party nor its
privies may thereafter request an inter partes reexamination of any such
patent claim on the basis of issues which that party or its privies
raised or could have raised in such civil action or inter partes
reexamination proceeding, and an inter partes reexamination requested by
that party or its privies on the basis of such issues may not thereafter
be maintained by the Office, notwithstanding any other provision of this
chapter. This subsection does not prevent the assertion of invalidity
based on newly discovered prior art unavailable to the third-party
requester and the Patent and Trademark Office at the time of the inter
partes reexamination proceedings.
(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-570; amended Pub. L.
107-273, div. C, title III, Sec. 13202(a)(5), (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. (a). Pub. L. 107-273, Sec. 13202(a)(5)(A), substituted
``third-party requester nor its privies'' for ``patent owner nor the
third-party requester, if any, nor privies of either''.
Subsec. (b). Pub. L. 107-273, Sec. 13202(a)(5)(B), struck out
``United States Code,'' after ``title 28,''.
