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35 U.S.C. § 324 — Institution of post-grant review
Federal law — U.S. Code and appendices · legal_authorities
**(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 323; or
(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.
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Source location: Title 35, Chapter 32, § 324; chapter-032-post-grant-review.md
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**(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 323; or
(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.
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Federal law — U.S. Code and appendices · legal_authorities
When used in this title unless the context otherwise indicates—
**(a)** The term “invention” means invention or discovery.
**(b)** The term “process” means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.
**(c)** The terms “United States” and “this country” mean the United States of America, its territories and possessions.
**(d)** The word “patentee” includes not only the patentee to whom the patent was issued but also the successors in title to the patentee.
**(e)** The term “third-party requester” means a person requesting ex parte reexamination under section 302 who is not the patent owner.
**(f)** The term “inventor” means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.
**(g)** The terms “joint inventor” and “coinventor” mean any 1 of the individuals who invented or discovered the subject matter of a joint invention.
**(h)** The term “joint research agreement” means a written contract, grant, or cooperative agreement entered into by 2 or more persons or entities for the performance of experimental, developmental, or research work in the field of the claimed invention.
**(i)**
(1) The term “effective filing date” for a claimed invention in a patent or application for patent means—
(A) if subparagraph (B) does not apply, the actual filing date of the patent or the application for the patent containing a claim to the invention; or
(B) the filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority under section 119, 365(a), 365(b), 386(a), or 386(b) or to the benefit of an earlier filing date under section 120, 121, 365(
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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 a post-grant 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 post-grant review.
**(b) Scope.—** A petitioner in a post-grant review may request to cancel as unpatentable 1 or more claims of a patent on any ground that could be raised under paragraph (2) or (3) of section 282(b) (relating to invalidity of the patent or any claim).
**(c) Filing Deadline.—** A petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).
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Federal law — U.S. Code and appendices · legal_authorities
Page 132
TITLE 35—PATENTS
§ 322
not assert, either in a civil action arising in whole
or in part under section 1338 of title 28, United
States Code, or in a proceeding before the Inter-
national Trade Commission under section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337), that the claim is
invalid on any ground that the petitioner raised
during that transitional proceeding.
‘‘(E) The Director may institute a transitional
proceeding only for a patent that is a covered busi-
ness method patent.
‘‘(2) EFFECTIVE DATE.—The regulations issued under
paragraph (1) shall take effect upon the expiration of
the 1-year period beginning on the date of the enact-
ment of this Act [Sept. 16, 2011] and shall apply to
any covered business method patent issued before, on,
or after that effective date, except that the regula-
tions shall not apply to a patent described in section
6(f)(2)(A) of this Act [set out as a note above] during
the period in which a petition for post-grant review of
that patent would satisfy the requirements of section
321(c) of title 35, United States Code.
‘‘(3) SUNSET.—
‘‘(A) IN GENERAL.—This subsection, and the regu-
lations issued under this subsection, are repealed
effective upon the expiration of the 8-year period
beginning on the date that the regulations issued
under to [sic] paragraph (1) take effect [Regulations
effective Sept. 16, 2012, see 77 F.R. 48680.].
‘‘(B) APPLICABILITY.—Notwithstanding subpara-
graph (A), this subsection and the regulations
issued under this subsection shall continue to
apply, after the date of the repeal under subpara-
graph (A), to any petition for a transitional pro-
ceeding that is filed before the date of such repeal.
‘‘(b) REQUEST FOR STAY.—
‘‘(1) IN GENERAL.—If a party seeks a stay of a civil
ac
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