35 U.S.C. 305, Conduct of reexamination proceedings

Executive summary:

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Source and Index. This document contains Section 305 ("Conduct of reexamination proceedings") of the U.S. Patent Act. This section was taken from the Eighth Edition, Eighth Revision of the MPEP (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the Patent Act using the search box that appears on the left side of every page of BitLaw--you may restrict your search to Statutes on the search results page.

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35 U.S.C. 305 Conduct of reexamination proceedings.

After the times for filing the statement and reply provided for by section 304 of this title have expired, reexamination will be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133 of this title. In any reexamination proceeding under this chapter, the patent owner will be permitted to propose any amendment to his patent and a new claim or claims thereto, in order to distinguish the invention as claimed from the prior art cited under the provisions of section 301 of this title, or in response to a decision adverse to the patentability of a claim of a patent. No proposed amended or new claim enlarging the scope of a claim of the patent will be permitted in a reexamination proceeding under this chapter. All reexamination proceedings under this section, including any appeal to the Board of Patent Appeals and Interferences, will be conducted with special dispatch within the Office.

(Added Dec. 12, 1980, Public Law 96-517, sec. 1, 94 Stat. 3016; amended Nov. 8, 1984, Public Law 98-622, sec. 204(c), 98 Stat. 3388.)