Sec. 808. Reexamination of patents
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/bill/117/hr/4792/ih/section-808A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 302 of title 35, United States Code, is amended to read as follows: Any person at any time may file a request for reexamination by the Office of any claim of a patent on the basis of any prior art cited under the provisions of section 301. The request must be in writing and must be accompanied by payment of a reexamination fee established by the Director pursuant to the provisions of section 41. The request must identify all real parties in interest and certify that reexamination is not barred under section 303(d).
The request must set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested. Unless the requesting person is the owner of the patent, the Director promptly will send a copy of the request to the owner of record of the patent. . Section 303 of title 35, United States Code, is amended by adding at the end the following new subsection: An ex parte reexamination may not be instituted if the request for reexamination is filed more than 1 year after the date on which the requester or a real party in interest or privy of the requester is served with a complaint alleging infringement of the patent. .