35 U.S.C. § 321 — Post-grant review
submitted 15 years ago by Pub. L. 112-29 to r/title-35-PATENTS · 161 words · no verdicts yet
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.
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.
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).
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.)
- 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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