
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 35USC311]

 
                            TITLE 35--PATENTS
 
            PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
 
       CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
 
Sec. 311. Request for inter partes reexamination

    (a) In General.--Any person at any time may file a request for inter 
partes reexamination by the Office of a patent on the basis of any prior 
art cited under the provisions of section 301.
    (b) Requirements.--The request shall--
        (1) be in writing, include the identity of the real party in 
    interest, and be accompanied by payment of an inter partes 
    reexamination fee established by the Director under section 41; and
        (2) set forth the pertinency and manner of applying cited prior 
    art to every claim for which reexamination is requested.

    (c) Copy.--Unless the requesting person is the owner of the patent, 
the Director promptly shall send a copy of the request to the owner of 
record of the patent.

(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, 
Sec. 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-567.)


                             Effective Date

    Chapter 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, Sec. 4608(a)] of Pub. 
L. 106-113, set out as an Effective Date of 1999 Amendment note under 
section 41 of this title.


                           Report to Congress

    Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle F, 
Sec. 4606], Nov. 29, 1999, 113 Stat. 1536, 1501A-571, provided that: 
``Not later than 5 years after the date of the enactment of this Act 
[Nov. 29, 1999], the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent and Trademark Office 
shall submit to the Congress a report evaluating whether the inter 
partes reexamination proceedings established under the amendments made 
by this subtitle [see Short Title of 1999 Amendment note set out under 
section 1 of this title] are inequitable to any of the parties in 
interest and, if so, the report shall contain recommendations for 
changes to the amendments made by this subtitle to remove such 
inequity.''

                  Section Referred to in Other Sections

    This section is referred to in sections 100, 312 of this title.
