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U.S. Code, Title 35, Patents
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 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 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.)
1984—Pub. L. 98–622, § 204(c), substituted "Patent Appeals and Interferences" for "Appeals".
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–622 effective three months after Nov. 8, 1984, see section 207 of Pub. L. 98–622, set out as a note under section 41 of this title.
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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 305. Conduct of Reexamination Proceedings," U.S. Code, Title 35, Patents in U.S. Code, Title 35, Patents (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed January 21, 2025, http://www.originalsources.com/Document.aspx?DocID=8UFUU98ZLLN7V7T.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 305. Conduct of Reexamination Proceedings." U.S. Code, Title 35, Patents, in U.S. Code, Title 35, Patents, Washington, D.C., Government Printing Office, 2002, Original Sources. 21 Jan. 2025. http://www.originalsources.com/Document.aspx?DocID=8UFUU98ZLLN7V7T.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 305. Conduct of Reexamination Proceedings' in U.S. Code, Title 35, Patents. cited in 2002, U.S. Code, Title 35, Patents, Government Printing Office, Washington, D.C.. Original Sources, retrieved 21 January 2025, from http://www.originalsources.com/Document.aspx?DocID=8UFUU98ZLLN7V7T.
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