2013 US Code
Title 35 - Patents
Part III - PATENTS AND PROTECTION OF PATENT RIGHTS (§§ 251 - 329)
Chapter 32 - POST-GRANT REVIEW (§§ 321 - 329)
Section 323 - Preliminary response to petition

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 1, Title 35 - PATENTS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 35 - PATENTS
PART III - PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 32 - POST-GRANT REVIEW
Sec. 323 - Preliminary response to petition
Containssection 323
Date2013
Laws in Effect as of DateJanuary 16, 2014
Positive LawYes
Dispositionstandard
Source CreditAdded Pub. L. 112-29, §6(d), Sept. 16, 2011, 125 Stat. 306.
Statutes at Large Reference125 Stat. 306
Public Law ReferencesPublic Law 112-29

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Preliminary response to petition - 35 U.S.C. § 323 (2013)
§323. Preliminary response to petition

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.

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