Title 35 — PatentsRelease 119-73
§312 Petitions
Title 35 › Part PART III— - PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 31— - INTER PARTES REVIEW › § 312
Summary
To be considered, a petition must include the filing fee set by the Director, name all real parties in interest, and clearly list each patent claim being challenged with the reasons and the evidence for each challenge. The petitioner must attach copies of any patents or printed publications used and include affidavits or declarations if relying on expert opinions. They must also provide any other information the Director requires and give copies of those documents to the patent owner or the owner’s representative. The Director must make the petition available to the public as soon as practicable after receiving it.
Full Legal Text
Title 35, §312
Patents — Source: USLM XML via OLRC
(a)A petition filed under section 311 may be considered only if—
(1)the petition is accompanied by payment of the fee established by the Director under section 311;
(2)the petition identifies all real parties in interest;
(3)the petition identifies, in writing and with particularity, each claim challenged, the grounds on which the challenge to each claim is based, and the evidence that supports the grounds for the challenge to each claim, including—
(A)copies of patents and printed publications that the petitioner relies upon in support of the petition; and
(B)affidavits or declarations of supporting evidence and opinions, if the petitioner relies on expert opinions;
(4)the petition provides such other information as the Director may require by regulation; and
(5)the petitioner provides copies of any of the documents required under paragraphs (2), (3), and (4) to the patent owner or, if applicable, the designated representative of the patent owner.
(b)As soon as practicable after the receipt of a petition under section 311, the Director shall make the petition available to the public.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2011—Pub. L. 112–29, § 6(a), amended section generally. Prior to amendment, section related to determination of issue by Director. Subsec. (a). Pub. L. 112–29, § 6(c)(3)(A)(i)(I), substituted “the information presented in the request shows that there is a reasonable likelihood that the requester would prevail with respect to at least 1 of the claims challenged in the request,” for “a substantial new question of patentability affecting any claim of the patent concerned is raised by the request,” and “A showing that there is a reasonable likelihood that the requester would prevail with respect to at least 1 of the claims challenged in the request” for “The existence of a substantial new question of patentability”. Subsec. (c). Pub. L. 112–29, § 6(c)(3)(A)(i)(II), substituted “the showing required by subsection (a) has not been made,” for “no substantial new question of patentability has been raised,”. 2002—Pub. L. 107–273, § 13202(c)(1), made technical correction to directory language of Pub. L. 106–113, which enacted this section. Subsec. (a). Pub. L. 107–273, § 13202(a)(2)(A), struck out second sentence which read as follows: “On the Director’s initiative, and at any time, the Director may determine whether a substantial new question of patentability is raised by patents and publications.” Pub. L. 107–273, § 13105(a), inserted at end “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.” Subsec. (b). Pub. L. 107–273, § 13202(a)(2)(B), struck out “, if any” after “third-party requester”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2011 AmendmentAmendment by section 6(a) of Pub. 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 Pub. L. 112–29, set out as a note under section 311 of this title. Pub. L. 112–29, § 6(c)(3)(B), (C), Sept. 16, 2011, 125 Stat. 305, provided that: “(B) Application.—The
Amendments
made by this paragraph [amending this section and section 313 of this title]—“(i) shall take effect on the date of the enactment of this Act [Sept. 16, 2011]; and “(ii) shall apply to requests for inter partes reexamination that are filed on or after such date of enactment, but before the
Effective Date
set forth in paragraph (2)(A) of this subsection [set out as a note under section 311 of this title]. “(C) Continued applicability of
Prior Provisions
.—The provisions of chapter 31 of title 35, United States Code, as amended by this paragraph [amending this section and section 313 of this title], shall continue to apply to requests for inter partes reexamination that are filed before the
Effective Date
set forth in paragraph (2)(A) as if subsection (a) [enacting section 319 of this title and amending this section and sections 312 to 318 of this title] had not been enacted.”
Effective Date
of 2002 AmendmentAmendment by section 13105(a) of Pub. L. 107–273 applicable with respect to any determination of the Director of the United States Patent and Trademark Office that is made on or after Nov. 2, 2002, see section 13105(b) of Pub. L. 107–273, set out as a note under section 303 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 Pub. L. 106–113, set out as an
Effective Date
of 1999 Amendment note under section 41 of this title.
Reference
Citations & Metadata
Citation
35 U.S.C. § 312
Title 35 — Patents
Last Updated
Apr 6, 2026
Release point: 119-73