35 U.S.C. 313 — Preliminary response to petition
Statute text
Copy text35 U.S.C. · MPEP Appendix L (Revision 01.2024)
35 U.S.C. 313 — Preliminary response to petition.
If an inter partes review petition is filed under section 311 , 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 inter partes review should be instituted based upon the failure of the petition to meet any requirement of this chapter.
(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4604(a)); amended Sept. 16, 2011, Public Law 112-29, sec. 6(c)(3), 125 Stat. 284 and further amended by Public Law 112-29, sec. 6(a) (effective Sept. 16, 2012), 125 Stat. 284.)
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Prior version
35 U.S.C. 313 (transitional) Inter partes reexamination order by Director.
[Editor Note: Applicable to requests for inter partes reexamination filed on or after Sept. 16, 2011, but before Sept. 16, 2012.]
If, in a determination made under section 312(a) , the Director finds that it has been shown that there is a reasonable likelihood that the requester would prevail with respect to at least 1 of the claims challenged in the request, the determination shall include an order for inter partes reexamination of the patent for resolution of the question. The order may be accompanied by the initial action of the Patent and Trademark Office on the merits of the inter partes reexamination conducted in accordance with section 314 .
(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4604(a)); 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).