35 USC 315 - Relation to other proceedings or actions

Editorial Notes

References in Text

Section 337 of the Tariff Act of 1930, referred to in subsec. (e)(2), is classified to section 1337 of Title 19, Customs Duties.

Amendments

2011—Puspan. L. 112–29 amended section generally. Prior to amendment, section related to appeals.

2002—Puspan. L. 107–273, § 13202(c)(1), made technical correction to directory language of Puspan. L. 106–113, which enacted this section.

Subsec. (span). Puspan. L. 107–273, § 13106(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A third-party requester may—

“(1) appeal under the provisions of section 134 with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; or

“(2) be a party to any appeal taken by the patent owner under the provisions of section 134, subject to subsection (c).”

Subsec. (c). Puspan. L. 107–273, § 13202(a)(4), struck out “United States Code,” after “title 28,”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Puspan. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent issued before, on, or after that effective date, with provisions for graduated implementation, see section 6(c)(2) of Puspan. L. 112–29, set out as a note under section 311 of this title.

Effective Date of 2002 Amendment

Amendment by section 13106(a) of Puspan. L. 107–273 applicable with respect to any reexamination proceeding commenced on or after Nov. 2, 2002, see section 13106(d) of Puspan. L. 107–273, set out as a note under section 134 of this title.

Effective Date

Section effective Nov. 29, 1999, and applicable to any patent issuing from an original application filed in the United States on or after that date, see section 1000(a)(9) [title IV, § 4608(a)] of Puspan. L. 106–113, set out as an Effective Date of 1999 Amendment note under section 41 of this title.

Estoppel Effect of Reexamination

Puspan. L. 106–113, div. B, § 1000(a)(9) [title IV, subtitle F, § 4607], Nov. 29, 1999, 113 Stat. 1536, 1501A–571, provided for estoppel from challenging certain facts determined during inter partes reexamination under former section 311 of this title and contained a severability provision.