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Title 35 — PatentsRelease 119-73

§305 Conduct of reexamination proceedings

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 › § 305

Last updated Apr 6, 2026|Official source

Summary

After the filing times in section 304 end, reexaminations must follow the same steps used for an initial exam under sections 132 and 133. The patent owner may offer amendments or new claims to distinguish the invention from prior art cited under section 301 or to respond to an adverse patentability decision. Any change that would broaden a claim is not allowed. All reexaminations, including appeals to the Patent Trial and Appeal Board, must be handled quickly by the Office.

Full Legal Text

Title 35, §305

Patents — Source: USLM XML via OLRC

After the times for filing the statement and reply provided for by section 304 have expired, reexamination will be conducted according to the procedures established for initial examination under the provisions of section 132 and 133. In any reexamination proceeding under this chapter, the patent owner will be permitted to propose any amendment to his patent and a new claim or claims thereto, in order to distinguish the invention as claimed from the prior art cited under the provisions of section 301, or in response to a decision adverse to the patentability of a claim of a patent. No proposed amended or new claim enlarging the scope of a claim of the patent will be permitted in a reexamination proceeding under this chapter. All reexamination proceedings under this section, including any appeal to the Patent Trial and Appeal Board, will be conducted with special dispatch within the Office.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Pub. L. 112–29, § 20(j), struck out “of this title” after “304”, after “133”, and after “301”. Pub. L. 112–29, § 3(j)(1), substituted “Patent Trial and Appeal Board” for “Board of Patent Appeals and Interferences”. 1984—Pub. L. 98–622, § 204(c), substituted “Patent Appeals and Interferences” for “Appeals”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2011 AmendmentAmendment by section 3(j)(1) of Pub. L. 112–29 effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an

Effective Date

of 2011 Amendment;

Savings Provision

s note under section 100 of this title. Amendment by section 20(j) of 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 1984 AmendmentAmendment by Pub. L. 98–622 effective three months after Nov. 8, 1984, see section 207 of Pub. L. 98–622, set out as a note under section 41 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. § 305

Title 35 — Patents

Last Updated

Apr 6, 2026

Release point: 119-73