2013 US Code
Title 35 - Patents
Part III - PATENTS AND PROTECTION OF PATENT RIGHTS (§§ 251 - 329)
Chapter 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS (§§ 301 - 307)
Section 306 - Appeal

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 1, Title 35 - PATENTS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 35 - PATENTS
PART III - PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 30 - PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS
Sec. 306 - Appeal
Containssection 306
Date2013
Laws in Effect as of DateJanuary 16, 2014
Positive LawYes
Dispositionstandard
Source CreditAdded Pub. L. 96-517, §1, Dec. 12, 1980, 94 Stat. 3016; amended Pub. L. 112-29, §§6(h)(2)(A), 20(j), Sept. 16, 2011, 125 Stat. 312, 335.
Statutes at Large References94 Stat. 3016
125 Stat. 312
Public Law ReferencesPublic Law 96-517, Public Law 112-29

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Appeal - 35 U.S.C. § 306 (2013)
§306. Appeal

The patent owner involved in a reexamination proceeding under this chapter may appeal under the provisions of section 134, and may seek court review under the provisions of sections 141 to 144, with respect to any decision adverse to the patentability of any original or proposed amended or new claim of the patent.

(Added Pub. L. 96–517, §1, Dec. 12, 1980, 94 Stat. 3016; amended Pub. L. 112–29, §§6(h)(2)(A), 20(j), Sept. 16, 2011, 125 Stat. 312, 335.)

AMENDMENTS

2011—Pub. L. 112–29, §20(j), struck out "of this title" after "134" and after "144".

Pub. L. 112–29, §6(h)(2)(A), substituted "144" for "145".

EFFECTIVE DATE OF 2011 AMENDMENT

Pub. L. 112–29, §6(h)(2)(B), Sept. 16, 2011, 125 Stat. 312, provided that: "The amendment made by this paragraph [amending this section] shall take effect on the date of the enactment of this Act [Sept. 16, 2011] and shall apply to any appeal of a reexamination before the Board of Patent Appeals and Interferences or the Patent Trial and Appeal Board that is pending on, or brought on or after, the date of the enactment of this Act."

Amendment by section 20(j) of Pub. 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 Pub. L. 112–29, set out as a note under section 2 of this title.

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