(a) Requirements of Petition.— A petition filed under section
321 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 other factual evidence or 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
321, the Director shall make the petition available to the public.
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) ofPub. L. 112–29(35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) ofPub. L. 112–29, set out as a note under section
321 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.
Description of Change
Statutes at Large
LII has no control over and does not endorse any external Internet site that contains links to or references LII.