35 U.S.C. § 311 — Inter partes review

submitted 27 years ago by Pub. L. 106-113 to r/title-35-PATENTS · 171 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets anyone who doesn't own a patent ask the Patent Office to review it and cancel claims for lack of novelty or obviousness, based only on prior patents or publications. The Director sets the filing fee. A petition must be filed after 9 months from the patent's grant, or after a post-grant review of it ends, whichever is later.

(a) In General. Anyone who doesn't own a patent can file a petition asking the Patent Office to start an inter partes review of that patent, subject to the rest of this chapter. The Director must set, by regulation, a fee the petitioner pays, based on the overall cost of running the review. (b) Scope. In an inter partes review, the petitioner can ask to cancel one or more patent claims as unpatentable, but only on grounds available under sections 102 or 103 (novelty and obviousness), and only using prior patents or printed publications as evidence. (c) Filing Deadline. A petition must be filed after whichever comes later: 9 months after the patent was granted, or - if a post-grant review of the patent was started under chapter 32 - the date that post-grant review ends.

the actual law source: uscode.house.gov ↗public domain

(a)In General.—

Subject to the provisions of this chapter, a person who is not the owner of a patent may file with the Office a petition to institute an inter partes review of the patent. The Director shall establish, by regulation, fees to be paid by the person requesting the review, in such amounts as the Director determines to be reasonable, considering the aggregate costs of the review.

(b)Scope.—

A petitioner in an inter partes review may request to cancel as unpatentable 1 or more claims of a patent only on a ground that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications.

(c)Filing Deadline.—

A petition for inter partes review shall be filed after the later of either—

(1)

the date that is 9 months after the grant of a patent; or

(2)

if a post-grant review is instituted under chapter 32, the date of the termination of such post-grant review.

Source credit: (Added Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–567; amended Pub. L. 107–273, div. C, title III, § 13202(a)(1), (c)(1), Nov. 2, 2002, 116 Stat. 1901, 1902; Pub. L. 112–29, § 6(a), Sept. 16, 2011, 125 Stat. 299; Pub. L. 112–274, § 1(d)(2), Jan. 14, 2013, 126 Stat. 2456.)

history & why it existsrecord from the source credit

1999Enacted · Pub. L. 106-113 · 113 Stat. 1536, 1501
2002Amended · Pub. L. 107-273 · 116 Stat. 1901, 1902
2011Amended · Pub. L. 112-29 · 125 Stat. 299
2013Amended · Pub. L. 112-274 · 126 Stat. 2456

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-113 on 1999-11-29.

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