US Code

Public Law 119-73 (01/23/2026)

35 U.S.C. § 307

Certificate of patentability, unpatentability, and claim cancellation

(a)
In a reexamination proceeding under this chapter, when the time for appeal has expired or any appeal proceeding has terminated, the Director will 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)
Any proposed amended or new claim determined to be patentable and incorporated into a patent following a reexamination proceeding will have the same effect as that specified in section 252 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 for the same, prior to issuance of a certificate under the provisions of subsection (a) of this section.

Pub. L. 96–517, § 194 Stat. 3016Pub. L. 103–465, title V, § 533(b)(8)108 Stat. 4990Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)116 Stat. 1906Pub. L. 112–29, § 20(j)125 Stat. 335(Added , , ; amended , , ; , , , 1501A–582; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 112–292011—Subsec. (b). struck out “of this title” after “252”.

Pub. L. 107–273Pub. L. 106–1132002—Subsec. (a). made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 106–113Pub. L. 107–2731999—Subsec. (a). , as amended by , substituted “Director” for “Commissioner”.

Pub. L. 103–4651994—Subsec. (b). substituted “used within the United States, or imported into the United States, anything” for “used anything”.

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 of 1994 Amendment

Pub. L. 103–465Pub. L. 103–465section 154 of this titleAmendment by effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) 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 .