Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
50 lines
3.5 KiB
Markdown
50 lines
3.5 KiB
Markdown
---
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type: "LegalText"
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title: "35 U.S.C. § 304"
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description: "Reexamination order by Director"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 35
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title_name: "PATENTS"
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chapter_number: "30"
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chapter_name: "PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS"
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section: "304"
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citation: "35 U.S.C. § 304"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc35@119-100.zip"
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source_identifier: "/us/usc/t35/s304"
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source_file: "data/legal/raw/us/code/title-35/usc35.xml"
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source_hash: "d5f0fad15d661e7fe3077917abc14b6655494b6740f35a6f75fac1d90194db7b"
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raw_snapshot_hash: "736cab508592dcf50013a1aed5ab108f72fd8493e76afc46848cdc35da38bbe3"
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text_hash: "3a8d0cc8a6094030d2fe31d3d0e8731d96573e0e8dc029e202a01e4e053aec91"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 35 U.S.C. § 304 - Reexamination order by Director
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## Text
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If, in a determination made under the provisions of subsection 303(a), the Director finds that a substantial new question of patentability affecting any claim of a patent is raised, the determination will include an order for reexamination of the patent for resolution of the question. The patent owner will be given a reasonable period, not less than two months from the date a copy of the determination is given or mailed to him, within which he may file a statement on such question, including any amendment to his patent and new claim or claims he may wish to propose, for consideration in the reexamination. If the patent owner files such a statement, he promptly will serve a copy of it on the person who has requested reexamination under the provisions of section 302. Within a period of two months from the date of service, that person may file and have considered in the reexamination a reply to any statement filed by the patent owner. That person promptly will serve on the patent owner a copy of any reply filed.
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(Added Pub. L. 96–517, § 1, Dec. 12, 1980, 94 Stat. 3016; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)
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## Notes
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Editorial Notes
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Amendments2011—Pub. L. 112–29 struck out “of this title” after “303(a)” and after “302”. 2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999—Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner” in section catchline and text.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2011 AmendmentAmendment by 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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Effective Date of 1999 AmendmentAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
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Effective DateSection effective July 1, 1981, and applicable to patents in force as of July 1, 1981, or issued thereafter, see section 8(b) of Pub. L. 96–517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
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