Title 35, PatentsRelease 119-102
§305 Conduct of Reexamination Proceedings
Title 35 › PART III — PATENTS AND PROTECTION OF PATENT RIGHTS › CHAPTER 30 — PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS › § 305
Summary
After section 304 deadlines, reexamination uses initial-exam rules (sections 132 and 133). Patent owners may seek amendments or new claims to distinguish it from prior art cited in section 301 or to respond to an adverse patentability ruling, but may not broaden claims. All reexaminations, including PTAB appeals, must be handled promptly.
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
Aug 21, 2026
Release point: 119-102