Title 35 — PatentsRelease 119-73
§132 Notice of rejection; reexamination
Title 35 › Part PART II— - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › Chapter CHAPTER 12— - EXAMINATION OF APPLICATION › § 132
Summary
When a claim is rejected or an objection made, the Director must tell the applicant why and give references. If the applicant still seeks the patent, with or without changes, the application is reexamined, but no change may add new information about the invention. The Director must set rules for continued examination, may charge fees but must reduce them 50% for small entities under section 41(h)(1).
Full Legal Text
Title 35, §132
Patents — Source: USLM XML via OLRC
(a)Whenever, on examination, any claim for a patent is rejected, or any objection or requirement made, the Director shall notify the applicant thereof, stating the reasons for such rejection, or objection or requirement, together with such information and references as may be useful in judging of the propriety of continuing the prosecution of his application; and if after receiving such notice, the applicant persists in his claim for a patent, with or without amendment, the application shall be reexamined. No amendment shall introduce new matter into the disclosure of the invention.
(b)The Director shall prescribe regulations to provide for the continued examination of applications for patent at the request of the applicant. The Director may establish appropriate fees for such continued examination and shall provide a 50 percent reduction in such fees for small entities that qualify for reduced fees under section 41(h)(1).
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 51 (R.S. 4903, amended Aug. 5, 1939, ch. 452, § 1, 53 Stat. 1213). The first paragraph of the corresponding section of existing statute is revised in language and amplified to incorporate present practice; the second paragraph of the existing statute is placed in section 135. The last sentence relating to new matter is added but represents no departure from present practice.
Editorial Notes
Amendments
2011—Subsec. (b). Pub. L. 112–29 struck out “of this title” after “41(h)(1)”. 2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below. 1999—Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4403], designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
of 2011 AmendmentAmendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that
Effective Date
, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.
Effective Date
of 1999 Amendment Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4405(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–560, provided that: “The
Amendments
made by section 4403 [amending this section]— “(1) shall take effect on the date that is 6 months after the date of the enactment of this Act [Nov. 29, 1999], and shall apply to all applications filed under section 111(a) of title 35, United States Code, on or after
June 8, 1995, and all applications complying with section 371 of title 35, United States Code, that resulted from international applications filed on or after
June 8, 1995; and “(2) do not apply to applications for design patents under chapter 16 of title 35, United States Code.” Amendment by section 1000(a)(9) [title IV, § 4732(a)(10)(A)] of Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
Reference
Citations & Metadata
Citation
35 U.S.C. § 132
Title 35 — Patents
Last Updated
Apr 6, 2026
Release point: 119-73