35 U.S. Code § 322 - Petitions

§ 322.
(a)Requirements of Petition.—A petition filed under section 321 may be considered only if—
the petition is accompanied by payment of the fee established by the Director under section 321;
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—
copies of patents and printed publications that the petitioner relies upon in support of the petition; and
affidavits or declarations of supporting evidence and opinions, if the petitioner relies on other factual evidence or on expert opinions;
the petition provides such other information as the Director may require by regulation; and
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.
(Added Pub. L. 112–29, § 6(d), Sept. 16, 2011, 125 Stat. 306.)
Effective Date

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) of Pub. L. 112–29 (35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112–29, set out as a note under section 321 of this title.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

37 CFR - Patents, Trademarks, and Copyrights



LII has no control over and does not endorse any external Internet site that contains links to or references LII.