35 U.S.C. 312 — Petitions
Statute text
Copy text35 U.S.C. · MPEP Appendix L (Revision 01.2024)
35 U.S.C. 312 — Petitions.
(1) the petition is accompanied by payment of the fee established by the Director under section 311 ;
(2) the petition identifies all real parties in interest;
(A) copies of patents and printed publications that the petitioner relies upon in support of the petition; and
(B) affidavits or declarations of supporting evidence and opinions, if the petitioner relies on expert opinions;
(4) the petition provides such other information as the Director may require by regulation; and
(5) 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.
(b) PUBLIC AVAILABILITY.—As soon as practicable after the receipt of a petition under section 311 , the Director shall make the petition available to the public.
(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4604(a)); subsections (a) and (b) amended Nov. 2, 2002, Public Law 107-273, secs. 13105 and 13202, 116 Stat.1900-1901; subsections (a) and (c) amended Sept. 16, 2011, Public Law 112-29, sec. 6(c)(3), 125 Stat. 284; amended Sept. 16, 2011, Public Law 112-29, sec. 6(a), 125 Stat. 284, effective Sept. 16, 2012.)
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Prior version
35 U.S.C. 312 (transitional) Determination of issue by Director.
[Editor Note: Applicable to requests for inter partes reexamination filed on or after Sept. 16, 2011, but before Sept. 16, 2012.]
(a) REEXAMINATION.— Not later than 3 months after the filing of a request for inter partes reexamination under section 311 , the Director shall determine whether the information presented in the request shows that there is a reasonable likelihood that the requester would prevail with respect to at least 1 of the claims challenged in the request, with or without consideration of other patents or printed publications. A showing that there is a reasonable likelihood that the requester would prevail with respect to at least 1 of the claims challenged in the request is not precluded by the fact that a patent or printed publication was previously cited by or to the Office or considered by the Office.
(b) RECORD.— A record of the Director’s determination under subsection (a) shall be placed in the official file of the patent, and a copy shall be promptly given or mailed to the owner of record of the patent and to the third-party requester.
(c) FINAL DECISION.— A determination by the Director under subsection (a) shall be final and non-appealable. Upon a determination that the showing required by subsection (a) has not been made, the Director may refund a portion of the inter partes reexamination fee required under section 311 .
(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4604(a)); subsections (a) and (b) amended Nov. 2, 2002, Public Law 107-273, secs. 13105 and 13202, 116 Stat.1900-1901; amended Sept. 16, 2011, Public Law 112-29, sec. 6(c)(3), 125 Stat. 284.)
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Cited by the manual
0 sectionsNo structured MPEP section cites this authority yet (coverage is partial — see the section index).