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Court OpinionsState LawsAlabama US Code1 USC - General Provisions US Constitution |
35 USC 316 - Certificate of patentability, unpatentability, and claim cancellationLegal Research Home > US Code > Patents > 35 USC 316 - Certificate of patentability, unpatentability, and claim cancellation Sec. 316. Certificate of patentability, unpatentability, and claim cancellation(a)In General.— In an inter partes reexamination proceeding under this chapter, when the time for appeal has expired or any appeal proceeding has terminated, the Director shall issue and publish a certificate canceling any claim of the patent finally determined to be unpatentable, confirming any claim of the patent determined to be patentable, and incorporating in the patent any proposed amended or new claim determined to be patentable. (b) Amended or New Claim.— Any proposed amended or new claim determined to be patentable and incorporated into a patent following an inter partes reexamination proceeding shall have the same effect as that specified in section 252 of this title for reissued patents on the right of any person who made, purchased, or used within the United States, or imported into the United States, anything patented by such proposed amended or new claim, or who made substantial preparation therefor, prior to issuance of a certificate under the provisions of subsection (a) of this section. Sections: Previous 306 307 311 312 313 314 315 316 317 318 361 362 363 364 365 Next Last modified: July 21, 2011 |
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