(a) Threshold.— The Director may not authorize a post-grant review to be instituted unless the Director determines that the information presented in the petition filed under section
321, if such information is not rebutted, would demonstrate that it is more likely than not that at least 1 of the claims challenged in the petition is unpatentable.
(b) Additional Grounds.— The determination required under subsection (a) may also be satisfied by a showing that the petition raises a novel or unsettled legal question that is important to other patents or patent applications.
(c) Timing.— The Director shall determine whether to institute a post-grant review under this chapter pursuant to a petition filed under section
321 within 3 months after—
(1)receiving a preliminary response to the petition under section
(2)if no such preliminary response is filed, the last date on which such response may be filed.
(d) Notice.— The Director shall notify the petitioner and patent owner, in writing, of the Director’s determination under subsection (a) or (b), and shall make such notice available to the public as soon as is practicable. Such notice shall include the date on which the review shall commence.
(e) No Appeal.— The determination by the Director whether to institute a post-grant review under this section shall be final and nonappealable.
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
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Description of Change
Statutes at Large
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