United States Code/Title 35/Chapter 31/Section 311

by the United States Government

Section 311. Request for inter partes reexamination

(a) In General.—Any third-party requester at any time may file a request for inter partes reexamination by the Office of a patent on the basis of any prior art cited under the provisions of section 301.

(b) Requirements.—The request shall—

(1) be in writing, include the identity of the real party in interest, and be accompanied by payment of an inter partes reexamination fee established by the Director under section 41; and

(2) set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested.

(c) Copy.—The Director promptly shall send a copy of the request to the owner of record of the patent.

Source

(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-567; amended Pub. L. 107-273, div. C, title III, Sec. 13202(a)(1), (c)(1), Nov. 2, 2002, 116 Stat. 1901, 1902.)

Amendments

2002

Pub. L. 107-273, Sec. 13202(c)(1), made technical correction to directory language of Pub. L. 106-113, which enacted this section.

Subsec. (a). Pub. L. 107-273, Sec. 13202(a)(1)(A), substituted “third-party requester” for “person”.

Subsec. (c). Pub. L. 107-273, Sec. 13202(a)(1)(B), substituted “The” for “Unless the requesting person is the owner of the patent, the”.

Effective Date

Chapter effective Nov. 29, 1999, and applicable to any patent issuing from an original application filed in the United States on or after that date, see section 1000(a)(9) [title IV, Sec. 4608(a)] of Pub. L. 106-113, set out as an Effective Date of 1999 Amendment note under section 41 of this title.

Report to Congress

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle F, Sec. 4606], Nov. 29, 1999, 113 Stat. 1536, 1501A-571, provided that: “Not later than 5 years after the date of the enactment of this Act [Nov. 29, 1999], the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall submit to the Congress a report evaluating whether the inter partes reexamination proceedings established under the amendments made by this subtitle [see Short Title of 1999 Amendment note set out under section 1 of this title] are inequitable to any of the parties in interest and, if so, the report shall contain recommendations for changes to the amendments made by this subtitle to remove such inequity.”