FEDERAL · 35 U.S.C. · Chapter 32
Preliminary response to petition
35 U.S.C. § 323
Title35 — Patents
Chapter32 — POST-GRANT REVIEW
This text of 35 U.S.C. § 323 (Preliminary response to petition) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
35 U.S.C. § 323.
Text
If a post-grant review petition is filed under section 321, 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 post-grant review should be instituted based upon the failure of the petition to meet any requirement of this chapter.
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Related
Versata Development Corp. v. Rea
959 F. Supp. 2d 912 (E.D. Virginia, 2013)
Return Mail, Inc v. United States
(Federal Claims, 2014)
Source Credit
History
(Added Pub. L. 112–29, §6(d), Sept. 16, 2011, 125 Stat. 306.)
Editorial Notes
Statutory Notes and Related Subsidiaries
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.
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.
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Bluebook (online)
35 U.S.C. § 323, Counsel Stack Legal Research, https://law.counselstack.com/usc/35/323.