Title 35 — PatentsRelease 119-73not60
§324 Institution of Post-grant Review
Title 35 › Part III— PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter 32— POST-GRANT REVIEW › § 324
Summary
The Director may start a post-grant review only if the petition, unless rebutted, would more likely than not show that at least one challenged claim is unpatentable, or if the petition raises a new or unsettled legal question important to other patents. The Director must decide within 3 months after a preliminary response or its deadline, notify both parties and publish the review start date, and the decision is final and not appealable.
Full Legal Text
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.
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. § 324
Title 35 — Patents
Last Updated
Apr 5, 2026
Release point: 119-73not60