US Code

Public Law 119-83 (04/13/2026)

35 U.S.C. § 303

Determination of issue by Director

(a)
Within three months following the filing of a request for reexamination under the provisions of section 302, the Director will determine whether a substantial new question of patentability affecting any claim of the patent concerned is raised by the request, with or without consideration of other patents or printed publications. On his own initiative, and any time, the Director may determine whether a substantial new question of patentability is raised by patents and publications discovered by him or cited under the provisions of section 301 or 302. The existence of a substantial new question of patentability is not precluded by the fact that a patent or printed publication was previously cited by or to the Office or considered by the Office.
(b)
A record of the Director’s determination under subsection (a) of this section will be placed in the official file of the patent, and a copy promptly will be given or mailed to the owner of record of the patent and to the person requesting reexamination, if any.
(c)
A determination by the Director pursuant to subsection (a) of this section that no substantial new question of patentability has been raised will be final and nonappealable. Upon such a determination, the Director may refund a portion of the reexamination fee required under section 302.

Pub. L. 96–517, § 194 Stat. 3015 Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(9)(A), (10)(A)]113 Stat. 1536 Pub. L. 107–273, div. C, title III116 Stat. 1900 Pub. L. 112–29125 Stat. 312 (Added , , ; amended , , , 1501A–582; , §§ 13105(a), 13206(b)(1), , , 1905, 1906; , §§ 6(h)(1)(A), 20(j), , , 335.)

Editorial Notes

Amendments

Pub. L. 112–29, § 20(j)2011—Subsec. (a). , struck out “of this title” after “section 302”.

Pub. L. 112–29, § 6(h)(1)(A)section 301 of this title, substituted “section 301 or 302” for “”.

Pub. L. 112–29, § 20(j)Subsec. (c). , struck out “of this title” after “section 302”.

Pub. L. 107–273, § 13206(b)(1)(B)Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]2002—Subsec. (a). , made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 107–273, § 13105(a), inserted at end “The existence of a substantial new question of patentability is not precluded by the fact that a patent or printed publication was previously cited by or to the Office or considered by the Office.”

Pub. L. 107–273, § 13206(b)(1)(A)Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(9)(A)(ii)]Subsec. (b). , made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 107–273, § 13206(b)(1)(B)Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Subsec. (c). , made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(9)(A)(i)]1999—, substituted “Director” for “Commissioner” in section catchline.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Pub. L. 107–273, § 13206(b)(1)(B)Subsec. (a). , as amended by , substituted “Director” for “Commissioner” in two places.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(9)(A)(ii)]Pub. L. 107–273, § 13206(b)(1)(A)Subsec. (b). , as amended by , substituted “Director’s” for “Commissioner’s”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]Pub. L. 107–273, § 13206(b)(1)(B)Subsec. (c). , as amended by , substituted “Director” for “Commissioner” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–29, § 6(h)(1)(B)125 Stat. 312

“The amendment made by this paragraph [amending this section] shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act [] and shall apply to any patent issued before, on, or after that effective date.”
, , , provided that:

section 20(j) of 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 2002 Amendment

Pub. L. 107–273, div. C, title III, § 13105(b)116 Stat. 1900

section 312 of this title“The amendments made by this section [amending this section and ] shall apply with respect to any determination of the Director of the United States Patent and Trademark Office that is made under section 303(a) or [former section] 312(a) [see section 314(a)] of title 35, United States Code, on or after the date of enactment of this Act [].”
, , , provided that:

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 .