CONSOLITATED PATENT LAWS PART19

Transcript

all right chapter 31 pre-american ventor act optional in parties re-examination procedure request for in parties re-examination determined by issue the director uh enter party reexamination of the director conduct in parties re examination procedure appeal certificate patentability un patentability claim cancelation party reexamination prohibit the state of litigation tit 30 311 request for the ENT parties in general with the third party request or any time of the file of the request from ENT part of the re examination off p and prided under provision section 301 requirements the question sh writing included in real party ENT for the company payment of the interest enter party with the reexamination fee sh the director through Section 41 set forth P pertinency manner of applying cited prior art e of reclaim of the reexamination requested document promptly shall send a copy of the request owner record of the patent SLE 315 years stand code 312 transition di termination issued by the director reexamination all 3 months after the following with the request of the in party reexamination on Section 311 the director show DET term the information pres of the request show that there is reasonable likelihood the request to Prevail the respect least one claim Chann with the request with or without conization of the pr publication show that there's reasonable likelihood of the requestor would Prevail with respect to one claimed challenge if the request not precluded with the fact the patent printed publication previously cited or the office of the considered by the office record record of the director's determination or sub section should be Place official file of patent and copy the promptly given the mail but the owner of the record of the patent third party request or final decision termination for the director subsection a f not appealable upon the determination sh the record required um by subsection a of the not made but the director May refund the portion of the inner party reexamination fee under Section 311 to 35 us stand Cod 313 transitional in party reexamination ordered by the director if the determination made under Section 312 of the director that has been shown with the reasonal likelihood of the request for Prevail the respect at least one claim Challenge and request determination shall include in order of the interp Party require reexamination patent resolution of the question order of the company initial action Patent Trademark Office of the merits for the in party reexamination conducted in accordance with Section 314 to 35 US Standard code 314 pre America and ventor and conduct the in party reexamination procedure and general AC the otherwise Prov the section reexamination conducted according with the procedure established initial examination under the provision 132 and 133 inner parties re-examination proceeding under the sh of the patent owner shall be permitted to propose the amendments to the patent new claim and the claims accept those proposed amitt new claim in enlarging scope of the claim to the patent shall be permitted to respond to which examin expectation of the in party re examination request any document filed that either the patent owner of the third party request will serve the other party with the dis office send the the third party request or copy of the any communication sent for the office of the patent owner concerning patent subject in party reexamination proceedings each time the patent owner file to respond for the action merits of the Patent Trademark off the third party request shall have the opportunity to file the written comments addressing issue raised of the action Office of the patent owner respon if the written comments the receive of the officer within 30 days of the day of ser the patent owner response special dispatch unless otherwise Prov the director of the good cause all injur party ex examination proceedings on Section including any appeal board patent appeals interference show be conducted with a special dispatch within the office title 35 us code 315 preamer inventor act appeal patent owner patent owner Evol the party reexamination proceeding chapter P May appeal with the provision 3 134 May appeal under Section 141 through 144 with respect to the action first patent ability in the originally proposed amending the new claim of the patent may be party the to appeal any of the third party requestor subsection B third party requestor third party request May appeal under provision 134 and may appeal under Provisions 141 through 144 with the respect final decision favorable patent ability originally proposed amend with the new claim of the patent two may be subsection C of the party for the appeal of the take of the patent of the provision section 134 or sections 141 through 144 civil action third party request the request of the inter party the reexamination result the order section 313 with oppos asserting later time and the action arising the whole with the part of the 13 30 1338 to 28 invalidity and claim fin all determined to be valid for the pay inable of the ground third party request for raise the could have of raise during the inter party reexamination proceedings the subsection does not prevent the assertion inv validity based of the newly discovered the prior to unvailable the leite third party request of the Patent Trademark off of the time of the in party reexamination proceedings tell 35 us code 316 preamer inventor act certificate patentability un patentability claim cancelation in re examination proceeding with the che of the time of the people the the people of the proceeding with the the director sh certificate CL in claim patent finally determin of the patent patentable confirming any of the claim of the patent determined of the patentable incorporating the patent and proposed amended new claim determined to be patentable be amended with the new CL Amendment or new claim Pro amended with the new claim deter of the patent Incorporated patent f with the in part of the reexamination proceeding shall have the same effect speci the section 251 T the reissue patents on the right of any person who made purchase of the you with the United States imported United States anything with the patent such proposed amend with the new claim who may theal preparation area of the prior issu certificate provision subsection a of the section 1235 us stand code 317 preamer inventors act interp party reexamination prohibited orders of reexamination provision of ta once in order enter party reexamination the patent has been issued under Section 313 nether their third party request for no priv May file with subsequent request the inter party reexamination of the patent of the interart reexamination certificate issued published under section 316 unless otherwise directed final decision on a final decision have been inter against the party of civil elction rising at home the part of section 1338 entitled 28 party has a St of the burden providing invalidity and pent claim in the suit with the final decision inter party reexamination proceeding instituted third party request for favorable patent any original proposed amend of the claim of the patent the end of the party and priv of the are the request enter party reexamination of any such patent claim basis issue with the party of the prives rais for the could raise such civil action inter party reexamination proceeding inter party reexamination requested by party provides the basis of such issue may not therefore maintain the off not withstanding any of the provision of the chapter subsections do not prevent the assertion invalidity based on the newly discover the prior the availability third party request or pent trademark off the time of the in party reexamination proceedings tell 35 years stand code 1318 pre-american venor act state of the litigation order of the parties's reexamination patent issue section 313 patent owner May obtain the state of the pending litigation involes the issue of the patent any claim the patent any subject in party reexamination order of the court before the S litigation pending determines the St would not not serve interest of Justice chapter 32 post Grant review