35 U.S.C. § 322 — Petitions
submitted 15 years ago by Pub. L. 112-29 to r/title-35-PATENTS · 191 words · no verdicts yet
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 petition filed under section 321 may be considered only if—
the petition is accompanied by payment of the fee established by the Director under section 321;
the petition identifies all real parties in interest;
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—
copies of patents and printed publications that the petitioner relies upon in support of the petition; and
affidavits or declarations of supporting evidence and opinions, if the petitioner relies on other factual evidence or on expert opinions;
the petition provides such other information as the Director may require by regulation; and
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.
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.)
- 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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