Certificate of patentability, unpatentability, and claim cancellation
United States Code
Citation analytics
How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
★Highly CitedTop 3% most-cited · cited by 63 decisions
63
Citing decisions
6+
Courts citing
Citations by decade
12
13
10
19
10
1980s1990s2000s2010s2020s
Courts citing this statute
Most recently cited by10
- 2026JIAXING SUPER LIGHTING ELECTRIC APPLIANCE CO., LTD. v. ALL STAR LIGHTING SUPPLIES, INC.
- 2026T-Mobile US, Inc. v. Kaifi LLC Fed. Cir.
- 2025Godox Photo Equipment Co. Ltd. v. Profoto Aktiebolag W.D. Wash.
- 2024Municipal Parking Services Inc v. Clancy Systems Inc D. Colo.
- 2023Wonderland Nurserygoods Co Ltd v. Baby Trend, Inc. C.D. Cal.
- 2023Davis Product Creation and Consulting, LLC v. Blazer N.D. Ala.
- 2022Aero-Docks, LLC v. ASAR, Inc. M.D. Fla.
- 2022ZIPIT WIRELESS, INC. v. LG ELECTRONICS U.S.A., INC. D.N.J.
- 2021John Bean Technologies Corp. v. Morris & Associates, Inc. Fed. Cir.
- 2020Leading Technology Composites, Inc. v. MV2, LLC D. Maryland
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
In a reexamination proceeding under this chapter, when the time for appeal has expired or any appeal proceeding has terminated, the Director will issue and publish a certificate canceling any claim of the patent finally determined to be unpatentable, confirming any claim of the patent determined to be patentable, and incorporating in the patent any proposed amended or new claim determined to be patentable. Any proposed amended or new claim determined to be patentable and incorporated into a patent following a reexamination proceeding will have the same effect as that specified in section 252 for reissued patents on the right of any person who made, purchased, or used within the United States, or imported into the United States, anything patented by such proposed amended or new claim, or who made substantial preparation for the same, prior to issuance of a certificate under the provisions of subsection (a) of this section. (Source: (Added Pub. L. 96–517, § 1, Dec. 12, 1980, 94 Stat. 3016; amended Pub. L. 103–465, title V, § 533(b)(8), Dec. 8, 1994, 108 Stat. 4990; 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.))