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35 U.S.C. § 301 — Citation of prior art and written statements
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Any person at any time may cite to the Office in writing—
(1) prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a particular patent; or
(2) statements of the patent owner filed in a proceeding before a Federal court or the Office in which the patent owner took a position on the scope of any claim of a particular patent.
**(b) Official File.—** If the person citing prior art or written statements pursuant to subsection (a) explains in writing the pertinence and manner of applying the prior art or written statements to at least 1 claim of the patent, the citation of the prior art or written statements and the explanation thereof shall become a part of the official file of the patent.
**(c) Additional Information.—** A party that submits a written statement pursuant to subsection (a)(2) shall include any other documents, pleadings, or evidence from the proceeding in which the statement was filed that addresses the written statement.
**(d) Limitations.—** A written statement submitted pursuant to subsection (a)(2), and additional information submitted pursuant to subsection (c), shall not be considered by the Office for any purpose other than to determine the proper meaning of a patent claim in a proceeding that is ordered or instituted pursuant to section 304, 314, or 324. If any such written statement or additional information is subject to an applicable protective order, such statement or information shall be redacted to exclude information that is subject to that order.
**(e) Confidentiality.—** Upon the written request of the person citing prior art or written statements pursuant to subsection (a), that person’s identity shall be excluded from the patent f
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Source location: Title 35, Chapter 30, § 301; chapter-030-prior-art-citations-to-office-and-ex-parte-reexamination-of-patents.md
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**(a) In General.—** Any person at any time may cite to the Office in writing—
(1) prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a particular patent; or
(2) statements of the patent owner filed in a proceeding before a Federal court or the Office in which the patent owner took a position on the scope of any claim of a particular patent.
**(b) Official File.—** If the person citing prior art or written statements pursuant to subsection (a) explains in writing the pertinence and manner of applying the prior art or written statements to at least 1 claim of the patent, the citation of the prior art or written statements and the explanation thereof shall become a part of the official file of the patent.
**(c) Additional Information.—** A party that submits a written statement pursuant to subsection (a)(2) shall include any other documents, pleadings, or evidence from the proceeding in which the statement was filed that addresses the written statement.
**(d) Limitations.—** A written statement submitted pursuant to subsection (a)(2), and additional information submitted pursuant to subsection (c), shall not be considered by the Office for any purpose other than to determine the proper meaning of a patent claim in a proceeding that is ordered or instituted pursuant to section 304, 314, or 324. If any such written statement or additional information is subject to an applicable protective order, such statement or information shall be redacted to exclude information that is subject to that order.
**(e) Confidentiality.—** Upon the written request of the person citing prior art or written statements pursuant to subsection (a), that person’s identity shall be excluded from the patent file and kept confidential.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Fees.—** The Director shall charge the following fees:
(1) **Filing and basic national fees.—**
(A) On filing each application for an original patent, except for design, plant, or provisional applications, $330.
(B) On filing each application for an original design patent, $220.
(C) On filing each application for an original plant patent, $220.
(D) On filing each provisional application for an original patent, $220.
(E) On filing each application for the reissue of a patent, $330.
(F) The basic national fee for each international application filed under the treaty defined in section 351(a) entering the national stage under section 371, $330.
(G) In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $270 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof.
(2) **Excess claims fees.—**
(A) *In general.—* — In addition to the fee specified in paragraph (1)—
(i) on filing or on presentation at any other time, $220 for each claim in independent form in excess of 3;
(ii) on filing or on presentation at any other time, $52 for each claim (whether dependent or independent) in excess of 20; and
(iii) for each application containing a multiple dependent claim, $390.
(B) *Multiple dependent claims.—* — For the purpose of computing fees under subparagraph (A), a multiple dependent claim referred to in section 112 or any claim depending therefrom shall be considered as separate dependent claims in ac
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Within three months following the filing of a request for reexamination under the provisions of section 302, the Director will determine whether a substantial new question of patentability affecting any claim of the patent concerned is raised by the request, with or without consideration of other patents or printed publications. On his own initiative, and any time, the Director may determine whether a substantial new question of patentability is raised by patents and publications discovered by him or cited under the provisions of section 301 or 302. 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.
**(b)** A record of the Director’s determination under subsection (a) of this section will be placed in the official file of the patent, and a copy promptly will be given or mailed to the owner of record of the patent and to the person requesting reexamination, if any.
**(c)** A determination by the Director pursuant to subsection (a) of this section that no substantial new question of patentability has been raised will be final and nonappealable. Upon such a determination, the Director may refund a portion of the reexamination fee required under section 302.
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Federal law — U.S. Code and appendices · legal_authorities
Page 121
TITLE 35—PATENTS
§ 301
action or trial in which an act of infringement
under section 271(e)(2) has been pled, parties
that are accused infringers may be joined in one
action as defendants or counterclaim defend-
ants, or have their actions consolidated for
trial, only if—
(1) any right to relief is asserted against the
parties jointly, severally, or in the alternative
with respect to or arising out of the same
transaction, occurrence, or series of trans-
actions or occurrences relating to the making,
using, importing into the United States, offer-
ing for sale, or selling of the same accused
product or process; and
(2) questions of fact common to all defend-
ants or counterclaim defendants will arise in
the action.
(b) ALLEGATIONS INSUFFICIENT FOR JOINDER.—
For purposes of this subsection, accused infring-
ers may not be joined in one action as defend-
ants or counterclaim defendants, or have their
actions consolidated for trial, based solely on al-
legations that they each have infringed the pat-
ent or patents in suit.
(c) WAIVER.—A party that is an accused in-
fringer may waive the limitations set forth in
this section with respect to that party.
(Added Pub. L. 112–29, § 19(d)(1), Sept. 16, 2011, 125
Stat. 332; amended Pub. L. 112–274, § 1(c), Jan. 14,
2013, 126 Stat. 2456.)
Editorial Notes
AMENDMENTS
2013—Subsec. (a). Pub. L. 112–274 substituted ‘‘only if’’
for ‘‘or counterclaim defendants only if’’ in introduc-
tory provisions.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2013 AMENDMENT
Amendment by Pub. L. 112–274 effective Jan. 14, 2013,
and applicable to proceedings commenced on or after
such date, see section 1(n) of Pub. L. 112–274, set out as
a note under section 5 of this title.
EFFECTIVE DATE
Section applica
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