2017 US Code
Title 35 - Patents
Part III - Patents and Protection of Patent Rights
Chapter 32 - Post-Grant Review
Sec. 323 - Preliminary response to petition

Download PDF
Citation 35 U.S.C. § 323 (2017)
Section Name §323. Preliminary response to petition
Section Text

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.

Source Credit

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

Editorial Notes 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.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 35 - PATENTS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 35 - PATENTS
PART III - PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 32 - POST-GRANT REVIEW
Sec. 323 - Preliminary response to petition
Contains section 323
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 125 Stat. 306
Public Law References Public Law 112-29
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.