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35 U.S.C. § 319 — Appeal
Federal law — U.S. Code and appendices · legal_authorities
A party dissatisfied with the final written decision of the Patent Trial and Appeal Board under section 318(a) may appeal the decision pursuant to sections 141 through 144. Any party to the inter partes review shall have the right to be a party to the appeal.
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Source location: Title 35, Chapter 31, § 319; chapter-031-inter-partes-review.md
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A party dissatisfied with the final written decision of the Patent Trial and Appeal Board under section 318(a) may appeal the decision pursuant to sections 141 through 144. Any party to the inter partes review shall have the right to be a party to the appeal.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to the provisions of this chapter, a person who is not the owner of a patent may file with the Office a petition to institute an inter partes review of the patent. The Director shall establish, by regulation, fees to be paid by the person requesting the review, in such amounts as the Director determines to be reasonable, considering the aggregate costs of the review.
**(b) Scope.—** A petitioner in an inter partes review may request to cancel as unpatentable 1 or more claims of a patent only on a ground that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications.
**(c) Filing Deadline.—** A petition for inter partes review shall be filed after the later of either—
(1) the date that is 9 months after the grant of a patent; or
(2) if a post-grant review is instituted under chapter 32, the date of the termination of such post-grant review.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 311;
(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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 130
TITLE 35—PATENTS
§ 318
shall be treated as business confidential infor-
mation, shall be kept separate from the file of
the involved patents, and shall be made avail-
able only to Federal Government agencies on
written request, or to any person on a showing
of good cause.
(Added Pub. L. 106–113, div. B, § 1000(a)(9) [title
IV, § 4604(a)], Nov. 29, 1999, 113 Stat. 1536,
1501A–570; amended Pub. L. 107–273, div. C, title
III, § 13202(a)(5), (c)(1), Nov. 2, 2002, 116 Stat. 1901,
1902; Pub. L. 112–29, § 6(a), Sept. 16, 2011, 125 Stat.
303.)
Editorial Notes
AMENDMENTS
2011—Pub. L. 112–29 amended section generally. Prior
to amendment, section related to restriction on subse-
quent request for inter partes reexamination.
2002—Pub. L. 107–273, § 13202(c)(1), made technical cor-
rection to directory language of Pub. L. 106–113, which
enacted this section.
Subsec. (a). Pub. L. 107–273, § 13202(a)(5)(A), sub-
stituted ‘‘third-party requester nor its privies’’ for
‘‘patent owner nor the third-party requester, if any, nor
privies of either’’.
Subsec. (b). Pub. L. 107–273, § 13202(a)(5)(B), struck out
‘‘United States Code,’’ after ‘‘title 28,’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2011 AMENDMENT
Amendment by Pub. L. 112–29 effective upon the expi-
ration 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 im-
plementation, see section 6(c)(2) of Pub. L. 112–29, set
out as a note under section 311 of this title.
EFFECTIVE DATE
Section effective Nov. 29, 1999, and applicable to any
patent issuing from an original application filed in the
United States on or after that date, see section
1000(a)(9) [title IV, § 4608(a)] of P
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 319
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