Title 35 — PatentsRelease 119-73
§323 Preliminary response to petition
Title 35 › Part PART III— - PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 32— - POST-GRANT REVIEW › § 323
Summary
A patent owner can, within time set by the Director, file a response to the petition explaining why it fails the chapter's requirements.
Full Legal Text
Title 35, §323
Patents — Source: USLM XML via OLRC
If a post-grant review petition is filed under section 321, the patent owner shall have the right to file a preliminary response to the petition, within a time period set by the Director, that sets forth reasons why no post-grant review should be instituted based upon the failure of the petition to meet any requirement of this chapter.
Legislative History
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.
Reference
Citations & Metadata
Citation
35 U.S.C. § 323
Title 35 — Patents
Last Updated
Apr 6, 2026
Release point: 119-73