
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: 35USC312]

 
                            TITLE 35--PATENTS
 
            PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
 
       CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
 
Sec. 312. Determination of issue by Director

    (a) Reexamination.--Not later than 3 months after the filing of a 
request for inter partes reexamination under section 311, the Director 
shall 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 the Director's initiative, and at any time, the Director may 
determine whether a substantial new question of patentability is raised 
by patents and publications.
    (b) Record.--A record of the Director's determination under 
subsection (a) shall be placed in the official file of the patent, and a 
copy shall be promptly given or mailed to the owner of record of the 
patent and to the third-party requester, if any.
    (c) Final Decision.--A determination by the Director under 
subsection (a) shall be final and non-appealable. Upon a determination 
that no substantial new question of patentability has been raised, the 
Director may refund a portion of the inter partes reexamination fee 
required under section 311.

(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, 
Sec. 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-568.)

                  Section Referred to in Other Sections

    This section is referred to in section 313 of this title.
