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35 U.S.C. § 313 — Preliminary response to petition
Federal law — U.S. Code and appendices · legal_authorities
If an inter partes review petition is filed under section 311, 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 inter partes review should be instituted based upon the failure of the petition to meet any requirement of this chapter.
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Source location: Title 35, Chapter 31, § 313; chapter-031-inter-partes-review.md
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If an inter partes review petition is filed under section 311, 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 inter partes review should be instituted based upon the failure of the petition to meet any requirement of this chapter.
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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
**(a) General Fees.—** The Director shall charge the following fees:
(1) **Filing and basic national fees.—**
(A) On filing each application for an original patent, except for design, plant, or provisional applications, $330.
(B) On filing each application for an original design patent, $220.
(C) On filing each application for an original plant patent, $220.
(D) On filing each provisional application for an original patent, $220.
(E) On filing each application for the reissue of a patent, $330.
(F) The basic national fee for each international application filed under the treaty defined in section 351(a) entering the national stage under section 371, $330.
(G) In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $270 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof.
(2) **Excess claims fees.—**
(A) *In general.—* — In addition to the fee specified in paragraph (1)—
(i) on filing or on presentation at any other time, $220 for each claim in independent form in excess of 3;
(ii) on filing or on presentation at any other time, $52 for each claim (whether dependent or independent) in excess of 20; and
(iii) for each application containing a multiple dependent claim, $390.
(B) *Multiple dependent claims.—* — For the purpose of computing fees under subparagraph (A), a multiple dependent claim referred to in section 112 or any claim depending therefrom shall be considered as separate dependent claims in ac
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Federal law — U.S. Code and appendices · legal_authorities
Page 126
TITLE 35—PATENTS
§ 312
the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and
Trademark Office to submit to Congress a report on
possible inequities of certain inter partes reexamina-
tion proceedings no later than 5 years after Nov. 29,
1999.
§ 312. Petitions
(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, in-
cluding—
(A) copies of patents and printed publica-
tions that the petitioner relies upon in sup-
port of the petition; and
(B) affidavits or declarations of supporting
evidence and opinions, if the petitioner re-
lies on expert opinions;
(4) the petition provides such other informa-
tion as the Director may require by regula-
tion; and
(5) the petitioner provides copies of any of
the documents required under paragraphs (2),
(3), and (4) to the patent owner or, if applica-
ble, the designated representative of the pat-
ent owner.
(b) PUBLIC AVAILABILITY.—As soon as prac-
ticable after the receipt of a petition under sec-
tion 311, the Director shall make the petition
available to the public.
(Added Pub. L. 106–113, div. B, § 1000(a)(9) [title
IV, § 4604(a)], Nov. 29, 1999, 113 Stat. 1536,
1501A–568; amended Pub. L. 107–273, div. C, title
III, §§ 13105(a), 13202(a)(2), (c)(1), Nov. 2, 2002, 116
Stat. 1900–1902; Pub. L. 112–29, § 6(a), (c)(3)(A)(i),
Sept. 16, 2011
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