
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: 35USC317]

 
                            TITLE 35--PATENTS
 
            PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
 
       CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
 
Sec. 317. Inter partes reexamination prohibited

    (a) Order for Reexamination.--Notwithstanding any provision of this 
chapter, once an order for inter partes reexamination of a patent has 
been issued under section 313, neither the patent owner nor the third-
party requester, if any, nor privies of either, may file a subsequent 
request for inter partes reexamination of the patent until an inter 
partes reexamination certificate is issued and published under section 
316, unless authorized by the Director.
    (b) Final Decision.--Once a final decision has been entered against 
a party in a civil action arising in whole or in part under section 1338 
of title 28, United States Code, that the party has not sustained its 
burden of proving the invalidity of any patent claim in suit or if a 
final decision in an inter partes reexamination proceeding instituted by 
a third-party requester is favorable to the patentability of any 
original or proposed amended or new claim of the patent, then neither 
that party nor its privies may thereafter request an inter partes 
reexamination of any such patent claim on the basis of issues which that 
party or its privies raised or could have raised in such civil action or 
inter partes reexamination proceeding, and an inter partes reexamination 
requested by that party or its privies on the basis of such issues may 
not thereafter be maintained by the Office, notwithstanding any other 
provision of this chapter. This subsection does not prevent the 
assertion of invalidity based on newly discovered prior art unavailable 
to the third-party requester and the Patent and Trademark Office at the 
time of the inter partes reexamination proceedings.

(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, 
Sec. 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-570.)
