35 U.S.C. § 323 — Preliminary response to petition

submitted 15 years ago by Pub. L. 112-29 to r/title-35-PATENTS · 58 words · no verdicts yet

in plain englishAI-generated · not legal advice

If someone files a post-grant review petition, the patent owner can respond first. This preliminary response explains why the review should not happen.

If a post-grant review petition is filed under section 321, the patent owner has the right to file a preliminary response. The Director sets the deadline for this response. The response must explain why no post-grant review should start, because the petition fails to meet a requirement of this chapter.

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

If a post-grant review petition is filed under section 321, the patent owner shall have the right to file a preliminary response to the petition, within a time period set by the Director, that sets forth reasons why no post-grant review should be instituted based upon the failure of the petition to meet any requirement of this chapter.

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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