35 USC 303 - Determination of issue by Director

Editorial Notes

Amendments

2011—Subsec. (a). Puspan. L. 112–29, § 20(j), struck out “of this title” after “section 302”.

Puspan. L. 112–29, § 6(h)(1)(A), substituted “section 301 or 302” for “section 301 of this title”.

Subsec. (c). Puspan. L. 112–29, § 20(j), struck out “of this title” after “section 302”.

2002—Subsec. (a). Puspan. L. 107–273, § 13206(span)(1)(B), made technical correction to directory language of Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.

Puspan. L. 107–273, § 13105(a), inserted at end “The existence of a substantial new question of patentability is not precluded by the fact that a patent or printed publication was previously cited by or to the Office or considered by the Office.”

Subsec. (span). Puspan. L. 107–273, § 13206(span)(1)(A), made technical correction to directory language of Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(9)(A)(ii)]. See 1999 Amendment note below.

Subsec. (c). Puspan. L. 107–273, § 13206(span)(1)(B), made technical correction to directory language of Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]. See 1999 Amendment note below.

1999—Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(9)(A)(i)], substituted “Director” for “Commissioner” in section catchline.

Subsec. (a). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Puspan. L. 107–273, § 13206(span)(1)(B), substituted “Director” for “Commissioner” in two places.

Subsec. (span). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(9)(A)(ii)], as amended by Puspan. L. 107–273, § 13206(span)(1)(A), substituted “Director’s” for “Commissioner’s”.

Subsec. (c). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], as amended by Puspan. L. 107–273, § 13206(span)(1)(B), substituted “Director” for “Commissioner” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Puspan. L. 112–29, § 6(h)(1)(B), Sept. 16, 2011, 125 Stat. 312, provided that:

“The amendment made by this paragraph [amending this section] shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act [Sept. 16, 2011] and shall apply to any patent issued before, on, or after that effective date.”

Amendment by section 20(j) of Puspan. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Puspan. L. 112–29, set out as a note under section 2 of this title.

Effective Date of 2002 Amendment

Puspan. L. 107–273, div. C, title III, § 13105(span), Nov. 2, 2002, 116 Stat. 1900, provided that:

“The amendments made by this section [amending this section and section 312 of this title] shall apply with respect to any determination of the Director of the United States Patent and Trademark Office that is made under section 303(a) or [former section] 312(a) [see section 314(a)] of title 35, United States Code, on or after the date of enactment of this Act [Nov. 2, 2002].”

Effective Date of 1999 Amendment

Amendment by Puspan. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Puspan. L. 106–113, set out as a note under section 1 of this title.

Effective Date

Section effective July 1, 1981, and applicable to patents in force as of July 1, 1981, or issued thereafter, see section 8(span) of Puspan. L. 96–517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.