35 U.S.C. § 307 — Certificate of patentability, unpatentability, (MPEP Index) – BlueIron IP
35 U.S.C. § 307 Certificate of patentability, unpatentability,
This page consolidates MPEP guidance interpreting 35 U.S.C. § 307, including 30 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 reexamination certificate is a formal USPTO document that concludes the ex parte reexamination process, officially documenting the final status and potential modifications of an existing patent.
What this section covers
- Procedural outcome of ex parte reexamination proceedings for existing patents
- Official mechanism for documenting changes or confirmations of patent claims after review
Key obligations
- Patent owners must submit amendments that do not enlarge the original patent's claim scope during reexamination
- Ensure all modifications comply with USPTO guidelines for reexamination proceedings
Conditions and exceptions
- Reexamination certificates apply only to patents that have not expired
Practice notes
- Carefully review and draft amendments to avoid expanding the original patent's claim scope
- Understand that the certificate represents the final determination of patentability after thorough review
Official MPEP § 307 — Certificate of patentability, unpatentability,
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 307 Certificate of patentability, unpatentability, and claim cancellation.
- (a) In a reexamination proceeding under this chapter, when the time for appeal has expired or any appeal proceeding has terminated, the Director will 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) Any proposed amended or new claim determined to be patentable and incorporated into a patent following a reexamination proceeding will have the same effect as that specified in section 252 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 for the same, prior to issuance of a certificate under the provisions of subsection (a) of this section.
(Added Dec. 12, 1980, Public Law 96-517, sec. 1, 94 Stat. 3016; amended Dec. 8, 1994, Public Law 103-465, sec. 533(b)(8), 108 Stat. 4990; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A))amended Sept. 16, 2011, Public Law 112-29, sec. 20(j), 125 Stat. 284, effective Sept. 16, 2012.)
- Director Authority
- Petition Procedures
- Petition 1183
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- Reexamination Conclusion
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- Reissue Concurrent Proceedings
- Supplemental Examination
| MPEP Section | Rules |
|---|---|
| MPEP § 2250 | |
| MPEP § 2287 | |
| MPEP § 2288 | |
| MPEP § 2293 | |
| MPEP § 2295 | |
| MPEP § 2802 | |
| MPEP § 901.04 |