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

• Cite as: 35 U.S.C. § 305

After the times for filing the statement and reply provided for by section 304 have expired, reexamination will be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133. 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, 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 Patent Trial and Appeal Board, will be conducted with special dispatch within the Office.

Cite as 35 U.S.C. § 305

Source: Added Pub. L. 96-517, §1, Dec. 12, 1980, 94 Stat. 3016; amended Pub. L. 98-622, title II, §204(c), Nov. 8, 1984, 98 Stat. 3388; Pub. L. 112-29, §§3(j)(1), Sept. 16, 2011, 20, Sept. 16, 2011, 125 Stat. 290, 335.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

EDITORIAL NOTES

AMENDMENTS

2011- Pub. L. 112-29, §20(j), struck out "of this title" after "304", after "133", and after "301".