Any person at any time may file a request for reexamination by the Office of any claim of a patent on the basis of any prior art cited under the provisions of section 301. The request must be in writing and must be accompanied by payment of a reexamination fee established by the Director pursuant to the provisions of section 41. The request must set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested. Unless the requesting person is the owner of the patent, the Director promptly will send a copy of the request to the owner of record of the patent.
Pub. L. 96–517, § 194 Stat. 3015 Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(8), (10)(A)]113 Stat. 1536 Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)116 Stat. 1906 Pub. L. 112–29, § 20(j)125 Stat. 335 (Added , , ; amended , , , 1501A–582; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 112–292011— struck out “of this title” after “301” and after “41”.
Pub. L. 107–273Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]2002— made technical correction to directory language of . See 1999 Amendment note below.
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Pub. L. 107–2731999—, as amended by , substituted “Director promptly” for “Commissioner promptly”.
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(8)], substituted “Director pursuant” for “Commissioner of Patents pursuant”.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Pub. L. 112–29lPub. L. 112–29section 2 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .
Effective Date of 1999 Amendment
Pub. L. 106–113Pub. L. 106–113section 1 of this titleAmendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .
Effective Date
section 8(b) of Pub. L. 96–517section 41 of this titleSection effective , and applicable to patents in force as of , or issued thereafter, see , set out as an Effective Date of 1980 Amendment note under .