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Title 35 — PatentsRelease 119-73

§304 Reexamination order by Director

Title 35 › Part PART III— - PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 30— - PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS › § 304

Last updated Apr 6, 2026|Official source

Summary

When the Director finds a significant new question about whether any claim in a patent is patentable, the Director will order a reexamination. The patent owner gets at least two months from when a copy of that finding is given or mailed to file a statement, including any amendments or new claims. If the owner files a statement, they must promptly send a copy to the person who asked for reexamination. That person then has two months from the date they receive it to file a reply to be considered, and must promptly send that reply to the patent owner.

Full Legal Text

Title 35, §304

Patents — Source: USLM XML via OLRC

If, in a determination made under the provisions of subsection 303(a), the Director finds that a substantial new question of patentability affecting any claim of a patent is raised, the determination will include an order for reexamination of the patent for resolution of the question. The patent owner will be given a reasonable period, not less than two months from the date a copy of the determination is given or mailed to him, within which he may file a statement on such question, including any amendment to his patent and new claim or claims he may wish to propose, for consideration in the reexamination. If the patent owner files such a statement, he promptly will serve a copy of it on the person who has requested reexamination under the provisions of section 302. Within a period of two months from the date of service, that person may file and have considered in the reexamination a reply to any statement filed by the patent owner. That person promptly will serve on the patent owner a copy of any reply filed.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Pub. L. 112–29 struck out “of this title” after “303(a)” and after “302”. 2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999—Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner” in section catchline and text.

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 AmendmentAmendment by 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.

Effective Date

Section effective
July 1, 1981, and applicable to patents in force as of
July 1, 1981, or issued thereafter, see section 8(b) of Pub. L. 96–517, set out as an

Effective Date

of 1980 Amendment note under section 41 of this title.

Reference

Citations & Metadata

Citation

35 U.S.C. § 304

Title 35 — Patents

Last Updated

Apr 6, 2026

Release point: 119-73