35 U.S.C. § 305 — Conduct of reexamination (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 305 Conduct of reexamination
This page consolidates MPEP guidance interpreting 35 U.S.C. § 305, including 76 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The Conduct of reexamination requires submitting a copy of each cited patent or publication along with translations for non-English documents, ensuring all materials are properly formatted and timely submitted.
What this section covers
- This section covers the submission requirements for ex parte reexamination requests, including providing copies of cited patents and publications.
- It also includes the core topic of ensuring all cited materials are properly formatted and submitted.
Key obligations
- Provide a copy of each cited patent or printed publication as part of the ex parte reexamination request.
- Ensure translations are provided for non-English documents cited in the request.
- All cited materials must be properly formatted and submitted according to authority (USC/CFR).
Practice notes
- Ensure all cited documents are clearly labeled and organized for timely submission.
- The importance of accuracy in document citations cannot be overstated to avoid delays or rejections.
Official MPEP § 305 — Conduct of reexamination
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 305 Conduct of reexamination proceedings.
[Editor Note: Applicable to any patent issuing from an application subject to the first inventor to file provisions of the AIA (see 35 U.S.C. 100 (note) ). See 35 U.S.C. 305 (pre‑AIA) for the law otherwise applicable.]
After the times for filing the statement and reply provided for by section 304 have expired, reexamination will be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133 . In any reexamination proceeding under this chapter, the patent owner will be permitted to propose any amendment to his patent and a new claim or claims thereto, in order to distinguish the invention as claimed from the prior art cited under the provisions of section 301 , or in response to a decision adverse to the patentability of a claim of a patent. No proposed amended or new claim enlarging the scope of a claim of the patent will be permitted in a reexamination proceeding under this chapter. All reexamination proceedings under this section, including any appeal to the Patent Trial and Appeal Board, will be conducted with special dispatch within the Office.
(Added Dec. 12, 1980, Public Law 96-517, sec. 1, 94 Stat. 3016; amended Nov. 8, 1984, Public Law 98-622, sec. 204(c), 98 Stat. 3388; amended Sept. 16, 2011, Public Law 112-29, secs. 20(j) (effective Sept. 16, 2012) and 3(j) (effective March 16, 2013), 125 Stat. 284.)
- Aia Practice
- Post Grant Proceedings
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- Reexamination Conclusion
- Reexamination Examination
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- Ptab Contested Case
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- Reissue Claims
- Reissue Concurrent Proceedings
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- Section 112A