
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 35USC314]

 
                            TITLE 35--PATENTS
 
            PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
 
       CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
 
Sec. 314. Conduct of inter partes reexamination proceedings

    (a) In General.--Except as otherwise provided in this section, 
reexamination shall be conducted according to the procedures established 
for initial examination under the provisions of sections 132 and 133. In 
any inter partes reexamination proceeding under this chapter, the patent 
owner shall be permitted to propose any amendment to the patent and a 
new claim or claims, except that no proposed amended or new claim 
enlarging the scope of the claims of the patent shall be permitted.
    (b) Response.--(1) This subsection shall apply to any inter partes 
reexamination proceeding in which the order for inter partes 
reexamination is based upon a request by a third-party requester.
    (2) With the exception of the inter partes reexamination request, 
any document filed by either the patent owner or the third-party 
requester shall be served on the other party. In addition, the third-
party requester shall receive a copy of any communication sent by the 
Office to the patent owner concerning the patent subject to the inter 
partes reexamination proceeding.
    (3) Each time that the patent owner files a response to an action on 
the merits from the Patent and Trademark Office, the third-party 
requester shall have one opportunity to file written comments addressing 
issues raised by the action of the Office or the patent owner's response 
thereto, if those written comments are received by the Office within 30 
days after the date of service of the patent owner's response.
    (c) Special Dispatch.--Unless otherwise provided by the Director for 
good cause, all inter partes reexamination proceedings under this 
section, including any appeal to the Board of Patent Appeals and 
Interferences, shall be conducted with special dispatch within the 
Office.

(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.
