35 U.S.C. § 312 — Petitions

submitted 27 years ago by Pub. L. 106-113 to r/title-35-PATENTS · 186 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lists what an inter partes review petition must include: the filing fee, all real parties in interest, each challenged claim with its grounds and supporting evidence, anything else the Director requires, and copies sent to the patent owner. The Director must make the petition public as soon as practical after it's received.

(a) Requirements of Petition. A petition filed under section 311 can only be considered if it meets five conditions: (1) it comes with the fee the Director set under section 311; (2) it names every real party in interest; (3) it spells out, in writing and in detail, each patent claim being challenged, the grounds for each challenge, and the supporting evidence - including copies of any patents or publications relied on, and sworn statements or expert opinions if the petitioner uses expert testimony; (4) it includes anything else the Director requires by regulation; and (5) the petitioner sends copies of the documents required under (2), (3), and (4) to the patent owner or their designated representative. (b) Public Availability. As soon as practical after the Director receives a petition under section 311, the Director must make it available to the public.

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

(a)Requirements of Petition.—

A petition filed under section 311 may be considered only if—

(1)

the petition is accompanied by payment of the fee established by the Director under section 311;

(2)

the petition identifies all real parties in interest;

(3)

the petition identifies, in writing and with particularity, each claim challenged, the grounds on which the challenge to each claim is based, and the evidence that supports the grounds for the challenge to each claim, including—

(A)

copies of patents and printed publications that the petitioner relies upon in support of the petition; and

(B)

affidavits or declarations of supporting evidence and opinions, if the petitioner relies on expert opinions;

(4)

the petition provides such other information as the Director may require by regulation; and

(5)

the petitioner provides copies of any of the documents required under paragraphs (2), (3), and (4) to the patent owner or, if applicable, the designated representative of the patent owner.

(b)Public Availability.—

As soon as practicable after the receipt of a petition under section 311, the Director shall make the petition available to the public.

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, §§ 13105(a), 13202(a)(2), (c)(1), Nov. 2, 2002, 116 Stat. 1900–1902; Pub. L. 112–29, § 6(a), (c)(3)(A)(i), Sept. 16, 2011, 125 Stat. 300, 305.)

history & why it existsrecord from the source credit

1999Enacted · Pub. L. 106-113 · 113 Stat. 1536, 1501
2002Amended · Pub. L. 107-273 · 116 Stat. 1900
2011Amended · Pub. L. 112-29 · 125 Stat. 300, 305

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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