§324 — Title 35 Patents | U.S. Code

Summary

The Director may only start a post‑grant review if they decide the petition’s evidence, unless shown wrong, makes it more likely than not that at least one challenged claim is unpatentable. A review can also begin if the petition raises a new or unsettled legal question that matters to other patents. The Director must decide within 3 months after getting a preliminary response or, if none is filed, within 3 months after the deadline for filing one. The Director must tell the petitioner and the patent owner in writing, make the notice public as soon as possible, include the review start date, and the decision cannot be appealed.

Title 35, §324

Patents — Source: USLM XML via OLRC

(a)The Director may not authorize a post-grant review to be instituted unless the Director determines that the information presented in the petition filed under section 321, if such information is not rebutted, would demonstrate that it is more likely than not that at least 1 of the claims challenged in the petition is unpatentable.

(b)The determination required under subsection (a) may also be satisfied by a showing that the petition raises a novel or unsettled legal question that is important to other patents or patent applications.

(c)The Director shall determine whether to institute a post-grant review under this chapter pursuant to a petition filed under section 321 within 3 months after—

(1)receiving a preliminary response to the petition under section 323; or

(2)if no such preliminary response is filed, the last date on which such response may be filed.

(d)The Director shall notify the petitioner and patent owner, in writing, of the Director’s determination under subsection (a) or (b), and shall make such notice available to the public as soon as is practicable. Such notice shall include the date on which the review shall commence.

(e)The determination by the Director whether to institute a post-grant review under this section shall be final and nonappealable.

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.

§324 Institution of post-grant review

Summary

Title 35, §324

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata