35 U.S.C. 316, Certificate of patentability, unpatentability and claim cancellation - Patent Laws

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Source and Index. This document contains Section 316 ("Certificate of patentability, unpatentability and claim cancellation - Patent Laws ") 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. 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 Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4604(a)).)