United States Code/Title 35/Chapter 31/Section 316

by the United States Government

Section 316. Certificate of patentability, unpatentability, and claim cancellation

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

Source

(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-569; amended Pub. L. 107-273, div. C, title III, Sec. 13202(c)(1), Nov. 2, 2002, 116 Stat. 1902.)

Amendments

2002

Pub. L. 107-273 made technical correction to directory language of Pub. L. 106-113, which enacted this section.