35 U.S.C. 307 — Certificate of patentability, unpatentability, and claim cancellation
Ninth Edition, Revision 01.2024
- (a) In a reexamination proceeding under this chapter, when the time for appeal has expired or any appeal proceeding has terminated, the Director will 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) Any proposed amended or new claim determined to be patentable and incorporated into a patent following a reexamination proceeding will have the same effect as that specified in section 252 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 for the same, prior to issuance of a certificate under the provisions of subsection (a) of this section.
(Added Dec. 12, 1980, Public Law 96-517, sec. 1, 94 Stat. 3016; amended Dec. 8, 1994, Public Law 103-465, sec. 533(b)(8), 108 Stat. 4990; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A))amended Sept. 16, 2011, Public Law 112-29, sec. 20(j), 125 Stat. 284, effective Sept. 16, 2012.)
Cited authority
Cited by
- 1216.01 Appeals to the U.S. Court of Appeals for the Federal Circuit
- 1305 Jurisdiction
- 2250 Amendment by Patent Owner
- 2287 Conclusion of Ex Parte Reexamination Proceeding
- 2288 Issuance of Ex Parte Reexamination Certificate
- 2295 Reexamination of a Reexamination
- 2802 Supplemental Examination
- 901.04 U.S. Patents
- 35 U.S.C. 6 Patent Trial and Appeal Board
- 35 U.S.C. 143 Proceedings on appeal
- 35 U.S.C. 257 Supplemental examinations to consider, reconsider, or correct information
- 37 CFR 1.570 Issuance and publication of ex parte reexamination certificate concludes ex parte reexamination proceeding
- 37 CFR 42.2 Definitions