35 U.S.C. § 315
REFERENCES IN TEXTSection 337 of the Tariff Act of 1930, referred to in subsec. (e)(2), is classified to sectionof Title 19, Customs Duties.
AMENDMENTS2011- Pub. L. 112-29 amended section generally. Prior to amendment, section related to appeals.2002- Pub. L. 107-273, §13202(c)(1), made technical correction to directory language of Pub. L. 106-113 which enacted this section.Subsec. (b). Pub. L. 107-273, §13106(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "A third-party requester may-"(1) appeal under the provisions of section 134 with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; or"(2) be a party to any appeal taken by the patent owner under the provisions of section 134, subject to subsection (c)."Subsec. (c). Pub. L. 107-273, §13202(a)(4), struck out "United States Code," after "title 28,".
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 any patent issued before, on, or after that effective date, with provisions for graduated implementation, see section 6(c)(2) of Pub. L. 112-29 set out as a note under sectionof this title.
EFFECTIVE DATE OF 2002 AMENDMENTAmendment by section 13106(a) of Pub. L. 107-273 applicable with respect to any reexamination proceeding commenced on or after Nov. 2, 2002, see section 13106(d) of Pub. L. 107-273 set out as a note under sectionof this title.
EFFECTIVE DATESection effective Nov. 29, 1999, and applicable to any patent issuing from an original application filed in the United States on or after that date, see section 1000(a)(9) [title IV, §4608(a)] of Pub. L. 106-113 set out as an Effective Date of 1999 Amendment note under section of this title.
ESTOPPEL EFFECT OF REEXAMINATION Pub. L. 106-113, div. B, §1000(a)(9) [title IV, subtitle F, §4607], Nov. 29, 1999, 113 Stat. 1536, 1501A-571, provided for estoppel from challenging certain facts determined during inter partes reexamination under former sectionof this title and contained a severability provision.
- third-party requester
- The term "third-party requester" means a person requesting ex parte reexamination under section 302 who is not the patent owner.
- United States
- The terms "United States" and "this country" mean the United States of America, its territories and possessions.