Page:United States Statutes at Large Volume 94 Part 3.djvu/371

 PUBLIC LAW 96-517—DEC. 12, 1980

94 STAT. 3015

Public Law 96-517 96th Congress An Act To amend the patent and trademark laws.

Dec. 12, 1980 [H.R. 6933]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 35 of the Patent and United States Code, entitled "Patents", is amended by adding after amendment^"^^' chapter 29 the following new chapter 30: ^"^®" "^®" ' "CHAPTER 30—PRIOR ART CITATIONS TO OFFICE AND REXAMINATION OF PATENTS "Sec. "301. "302. "303. "304. "305. "306. "307.

Citation of prior art. Request for rexamination. Determination of issue by Commissioner. Rexamination order by Commissioner. Conduct of rexamination proceedings. Appeal. Certificate of patentability, unpatentability, and claim cancellation.

"§ 301. Citation of prior art 35 USC 301. "Any person at any time may cite to the Office in writing prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a particular patent. If the person explains in writing the pertinency and manner of applying such prior art to at least one claim of the patent, the citation of such prior art and the explanation thereof will become a part of the official file of the patent. At the written request of the person citing the prior art, his or her identity will be excluded from the patent file and kept confidential. "§ 302. Request for rexamination 35 USC 302. "Any person at any time may file a request for rexamination by the Office of any claim of a patent on the basis of any prior art cited under the provisions of section 301 of this title. The request must be Fee. in writing and must be accompanied by payment of a rexamination fee established by the Commissioner of Patents pursuant to the provisions of section 41 of this title. The request must set forth the Post, p. 3017. pertinency and manner of applying cited prior art to every claim for which rexamination is requested. Unless the requesting person is the owner of the patent, the Commissioner promptly will send a copy of the request to the owner of record of the patent. "§ 303. Determination of issue by Commissioner 35 USC 303. "(a) Within three months following the filing of a request for rexamination under the provisions of section 302 of this title, the Commissioner will determine whether a substantial new question of patentability affecting any claim of the patent concerned is raised by the request, with or without consideration of other patents or printed publications. On his own initiative, and any time, the Commissioner may determine whether a substantial new question of patentability is

�