
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: 35USC316]

 
                            TITLE 35--PATENTS
 
            PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
 
       CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
 
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.

(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, 
Sec. 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-569.)

                  Section Referred to in Other Sections

    This section is referred to in section 317 of this title.
