35 U.S.C. § 324 — Institution of post-grant review

submitted 15 years ago by Pub. L. 112-29 to r/title-35-PATENTS · 223 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Director decides whether to start a post-grant review of a patent. This must happen within three months of the patent owner's response, and the decision cannot be appealed.

(a) Threshold. The Director can only approve a post-grant review if the petition's information, if not disproved, would show it is "more likely than not" that at least one challenged patent claim is unpatentable. (b) Additional Grounds. The Director can also approve review if the petition raises a new or unsettled legal question that matters to other patents or patent applications. (c) Timing. The Director must decide whether to start a post-grant review within three months after: (1) getting the patent owner's preliminary response under section 323; or (2) if no response is filed, the last day one could have been filed. (d) Notice. The Director must tell the petitioner and patent owner, in writing, about the decision under (a) or (b), and make that notice public as soon as practical. The notice must include the date the review starts. (e) No Appeal. The Director's decision on whether to start a post-grant review is final. No one can appeal it.

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

(a)Threshold.—

The Director may not authorize a post-grant review to be instituted unless the Director determines that the information presented in the petition filed under section 321, if such information is not rebutted, would demonstrate that it is more likely than not that at least 1 of the claims challenged in the petition is unpatentable.

(b)Additional Grounds.—

The determination required under subsection (a) may also be satisfied by a showing that the petition raises a novel or unsettled legal question that is important to other patents or patent applications.

(c)Timing.—

The Director shall determine whether to institute a post-grant review under this chapter pursuant to a petition filed under section 321 within 3 months after—

(1)

receiving a preliminary response to the petition under section 323; or

(2)

if no such preliminary response is filed, the last date on which such response may be filed.

(d)Notice.—

The Director shall notify the petitioner and patent owner, in writing, of the Director’s determination under subsection (a) or (b), and shall make such notice available to the public as soon as is practicable. Such notice shall include the date on which the review shall commence.

(e)No Appeal.—

The determination by the Director whether to institute a post-grant review under this section shall be final and nonappealable.

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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