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35 U.S.C. § 322Petitions

submitted 15 years ago by Pub. L. 112-29 to r/title-35-PATENTS · 191 words · no verdicts yet

in plain englishAI-generated · not legal advice

A petition to challenge a patent under section 321 must meet several requirements to be considered. It must include the filing fee, name everyone with a real interest, and lay out each claim being challenged with evidence. The Patent Office must make the petition public soon after it's filed.

(a) Requirements of Petition. A petition filed under section 321 — a post-grant review petition challenging a patent — will only be considered if it meets five requirements: it must come with the fee the Director set under section 321; it must name every real party with an interest in the case; it must spell out, in writing and in detail, each patent claim being challenged, the grounds for challenging it, and the evidence backing those grounds — including copies of any patents or publications the petitioner relies on, and sworn statements or declarations if the petitioner relies on other facts or expert opinions; it must include any other information the Director requires by regulation; and the petitioner must send copies of everything required by the second, third, and fourth requirements to the patent's owner, or to the owner's designated representative. (b) Public Availability. As soon as it reasonably can after receiving a petition, the Patent Office's Director must make the petition available to the public.
the actual law source: uscode.house.gov ↗public domain
(a)Requirements of Petition.—

A petition filed under section 321 may be considered only if—

(1)

the petition is accompanied by payment of the fee established by the Director under section 321;

(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 other factual evidence or 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 321, the Director shall make the petition available to the public.

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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