35-U.S.C.-323

§323 – Preliminary Response to Petition

Pathway

Title 35 > Part III > Chapter 32 > Section 323

Details

• Reference: Section 323
• Legend: §323 – Preliminary Response to Petition
• USCode Year: 2013

Provision Content

If a post-grant review petition is filed under section 321, the patent owner shall have the right to file a preliminary response to the petition, within a time period set by the Director, that sets forth reasons why no post-grant review should be instituted based upon the failure of the petition to meet any requirement of this chapter.

(Added Pub. L. 112–29, §6(d), Sept. 16, 2011, 125 Stat. 306.)

Effective Date

Section effective upon the expiration of the 1-year period beginning Sept. 16, 2011, and applicable only to patents described in section 3(n)(1) of Pub. L. 112–29 (35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112–29, set out as a note under section 321 of this title.

U.S. Encyclopedia of Law Coverage

35-U.S.C.-313 in the Legal Encyclopedia: Patents

In this entry about 35-U.S.C.-313, find legal reference material, bibliographies and premiere content related to patents in the American Encyclopedia of Law, presenting a comprehensive view of the United States patents-specific issues, written by authorities in the field.

35-U.S.C.-321 in the Legal Encyclopedia: Rights

In this entry about 35-U.S.C.-321, find legal reference material, bibliographies and premiere content related to rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States rights-specific issues, written by authorities in the field.

35-U.S.C.-316 in the Legal Encyclopedia: Protection

In this entry about 35-U.S.C.-316, find legal reference material, bibliographies and premiere content related to protection in the American Encyclopedia of Law, presenting a comprehensive view of the United States protection-specific issues, written by authorities in the field.

Chapter 31 – Inter Partes Review in the Legal Encyclopedia: Patent Rights

In this entry about Chapter 31 – Inter Partes Review, find legal reference material, bibliographies and premiere content related to patent rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States patent rights-specific issues, written by authorities in the field.

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