35 U.S.C. § 314 — Institution of inter partes review

submitted 27 years ago by Pub. L. 106-113 to r/title-35-PATENTS · 192 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Patent Office Director decides whether to start an inter partes review of a patent. The Director must find a reasonable chance the challenger would win on at least one claim. That decision is final and cannot be appealed.

(a) Threshold. The Director can't authorize an inter partes review unless the petition (filed under section 311) and any preliminary response (filed under section 313) show a "reasonable likelihood" — meaning it's more likely than not — that the petitioner would win on at least one challenged patent claim. (b) Timing. The Director must decide whether to start the review within 3 months. That clock starts either when the Director gets a preliminary response under section 313, or, if no response is filed, on the last day one could have been filed. (c) Notice. The Director must tell the petitioner and the patent owner in writing what was decided, and must make that notice public as soon as practical. The notice must say the date the review will start. (d) No appeal. Nobody can appeal the Director's decision on whether to start the review. It is final.

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

(a)Threshold.—

The Director may not authorize an inter partes review to be instituted unless the Director determines that the information presented in the petition filed under section 311 and any response filed under section 313 shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.

(b)Timing.—

The Director shall determine whether to institute an inter partes review under this chapter pursuant to a petition filed under section 311 within 3 months after—

(1)

receiving a preliminary response to the petition under section 313; or

(2)

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

(c)Notice.—

The Director shall notify the petitioner and patent owner, in writing, of the Director’s determination under subsection (a), 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.

(d)No Appeal.—

The determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable.

Source credit: (Added Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–568; amended Pub. L. 107–273, div. C, title III, § 13202(a)(3), (c)(1), Nov. 2, 2002, 116 Stat. 1901, 1902; Pub. L. 112–29, § 6(a), Sept. 16, 2011, 125 Stat. 300.)

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. 300

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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