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35 U.S.C. § 321Post-grant review

submitted 15 years ago by Pub. L. 112-29 to r/title-35-PATENTS · 161 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets anyone who does not own a patent ask the Patent Office to review and possibly cancel its claims. The challenger can raise any ground that could show the patent is invalid. The request must be filed within 9 months of the patent being granted or reissued.

(a) In General. Someone who does not own a patent may file a petition asking the Patent Office to start a post-grant review of that patent. The Director sets, by regulation, the fees the person filing must pay, based on what a post-grant review costs overall. (b) Scope. In a post-grant review, the person challenging the patent can ask to cancel one or more claims as unpatentable, on any ground under section 282(b)(2) or (3) that could show the patent or a claim is invalid. (c) Filing Deadline. A petition for post-grant review can only be filed within 9 months after the patent is granted, or after a reissue patent is issued, whichever applies.
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 a post-grant 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 post-grant review.

(b)Scope.—

A petitioner in a post-grant review may request to cancel as unpatentable 1 or more claims of a patent on any ground that could be raised under paragraph (2) or (3) of section 282(b) (relating to invalidity of the patent or any claim).

(c)Filing Deadline.—

A petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).

Source credit: (Added Pub. L. 112–29, § 6(d), Sept. 16, 2011, 125 Stat. 306.)

history & why it existsrecord from the source credit
  • 2011Enacted · Pub. L. 112-29 · 125 Stat. 306

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-29 on 2011-09-16.

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