§322 — Title 35 Patents | U.S. Code

Summary

To be considered, a petition must include the fee set by the Director. It must name everyone who has a real stake in the patent. It must list each patent claim being challenged, explain exactly why each claim is challenged, and give the evidence for each challenge. That evidence must include copies of any patents or published materials relied on, and written sworn statements if other facts or expert opinions are used. The petition must also give any other information the Director requires and give those documents to the patent owner or their representative. After the Director receives a petition, the Director must make it available to the public as soon as possible.

Title 35, §322

Patents — Source: USLM XML via OLRC

(a)A petition filed under section 321 may be considered only if—

(1)the petition is accompanied by payment of the fee established by the Director under section 321;

(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 other factual evidence or 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 321, the Director shall make the petition available to the public.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the expiration of the 1-year period beginning Sept. 16, 2011, and applicable only to patents described in section 3(n)(1) of Pub. L. 112–29 (35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112–29, set out as a note under section 321 of this title.

§322 Petitions

Summary

Title 35, §322

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata