Title 35, PatentsRelease 119-102
§302 Request for Reexamination
Title 35 › PART III — PATENTS AND PROTECTION OF PATENT RIGHTS › CHAPTER 30 — PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS › § 302
Summary
Anyone at any time can file a written request for the Office to reexamine a patent based on prior art cited under section 301. The request must include payment of the reexamination fee set by the Director under section 41, explain how each cited item applies to every claim, and if the filer is not the patent owner, the Director must promptly send the owner a copy.
Full Legal Text
Title 35, §302
Patents, Source: USLM XML via OLRC
Any person at any time may file a request for reexamination by the Office of any claim of a patent on the basis of any prior art cited under the provisions of section 301. The request must be in writing and must be accompanied by payment of a reexamination fee established by the Director pursuant to the provisions of section 41. The request must set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested. Unless the requesting person is the owner of the patent, the Director promptly will send a copy of the request to the owner of record of the patent.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2011—Pub. L. 112–29 struck out “of this title” after “301” and after “41”. 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 promptly” for “Commissioner promptly”. Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(8)], substituted “Director pursuant” for “Commissioner of Patents pursuant”.
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. § 302
Title 35, Patents
Last Updated
Aug 21, 2026
Release point: 119-102