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35 U.S.C. 307 Certificate of patentability, unpatentability, and claim cancellation. - Patent Laws
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 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 for the same, prior to issuance of a certificate under the provisions of subsection (a) of this section.
(Added Dec. 12, 1980, Public Law 96-517, sec. 1, 94 Stat. 3016; amended Dec. 8, 1994, Public Law 103-465, sec. 533(b)(8), 108 Stat. 4990; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)).)
CHAPTER 31 OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
311 Request for inter partes reexamination.
312 Determination of issue by Director.
313 Inter partes reexamination order by Director.
314 Conduct of inter partes reexamination proceedings.
315 Appeal.
316 Certificate of patentability, unpatentability, and claim cancellation.
317 Inter partes reexamination prohibited.
318 Stay of litigation.
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