(a) Requirements of Petition.— A petition filed under section
311 may be considered only if—
(1)the petition is accompanied by payment of the fee established by the Director under section
(2)the petition identifies all real parties in interest;
(3)the petition identifies, in writing and with particularity, each claim challenged, the grounds on which the challenge to each claim is based, and the evidence that supports the grounds for the challenge to each claim, including—
(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.
2011—Pub. L. 112–29, § 6(a), amended section generally. Prior to amendment, section related to determination of issue by Director.
Subsec. (a). Pub. L. 112–29, § 6(c)(3)(A)(i)(I), substituted “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,” for “a substantial new question of patentability affecting any claim of the patent concerned is raised by the request,” and “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” for “The existence of a substantial new question of patentability”.
Subsec. (c). Pub. L. 112–29, § 6(c)(3)(A)(i)(II), substituted “the showing required by subsection (a) has not been made,” for “no substantial new question of patentability has been raised,”.
Subsec. (a). Pub. L. 107–273, § 13202(a)(2)(A), struck out second sentence which read as follows: “On the Director’s initiative, and at any time, the Director may determine whether a substantial new question of patentability is raised by patents and publications.”
Pub. L. 107–273, § 13105(a), inserted at end “The existence of a substantial new question of patentability 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.”
Subsec. (b). Pub. L. 107–273, § 13202(a)(2)(B), struck out “, if any” after “third-party requester”.
Effective Date of 2011 Amendment
Amendment by section 6(a) ofPub. L. 112–29effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent issued before, on, or after that effective date, with provisions for graduated implementation, see section 6(c)(2) ofPub. L. 112–29, set out as a note under section
311 of this title.
“(B) Application.—The amendments made by this paragraph [amending this section and section
313 of this title]—
“(i) shall take effect on the date of the enactment of this Act [Sept. 16, 2011]; and
“(ii) shall apply to requests for inter partes reexamination that are filed on or after such date of enactment, but before the effective date set forth in paragraph (2)(A) of this subsection [set out as a note under section
311 of this title].
“(C) Continued applicability of prior provisions.—The provisions of chapter
31 of title
35, United States Code, as amended by this paragraph [amending this section and section
313 of this title], shall continue to apply to requests for inter partes reexamination that are filed before the effective date set forth in paragraph (2)(A) as if subsection (a) [enacting section
319 of this title and amending this section and sections
318 of this title] had not been enacted.”
Effective Date of 2002 Amendment
Amendment by section 13105(a) ofPub. L. 107–273applicable with respect to any determination of the Director of the United States Patent and Trademark Office that is made on or after Nov. 2, 2002, see section 13105(b) ofPub. L. 107–273, set out as a note under section
303 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.