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35 U.S.C. § 314 — Institution of inter partes review
Federal law — U.S. Code and appendices · legal_authorities
**(a) Threshold.—** The Director may not authorize an inter partes review to be instituted unless the Director determines that the information presented in the petition filed under section 311 and any response filed under section 313 shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.
**(b) Timing.—** The Director shall determine whether to institute an inter partes review under this chapter pursuant to a petition filed under section 311 within 3 months after—
(1) receiving a preliminary response to the petition under section 313; or
(2) if no such preliminary response is filed, the last date on which such response may be filed.
**(c) Notice.—** The Director shall notify the petitioner and patent owner, in writing, of the Director’s determination under subsection (a), 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.
**(d) No Appeal.—** The determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable.
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Source location: Title 35, Chapter 31, § 314; chapter-031-inter-partes-review.md
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**(a) Threshold.—** The Director may not authorize an inter partes review to be instituted unless the Director determines that the information presented in the petition filed under section 311 and any response filed under section 313 shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.
**(b) Timing.—** The Director shall determine whether to institute an inter partes review under this chapter pursuant to a petition filed under section 311 within 3 months after—
(1) receiving a preliminary response to the petition under section 313; or
(2) if no such preliminary response is filed, the last date on which such response may be filed.
**(c) Notice.—** The Director shall notify the petitioner and patent owner, in writing, of the Director’s determination under subsection (a), 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.
**(d) No Appeal.—** The determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable.
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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) 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 127
TITLE 35—PATENTS
§ 315
Editorial Notes
AMENDMENTS
2011—Pub. L. 112–29, § 6(c)(3)(A)(ii), which directed
substitution of ‘‘it has been shown that there is a rea-
sonable likelihood that the requester would prevail
with respect to at least 1 of the claims challenged in
the request’’ for ‘‘a substantial new question of patent-
ability affecting a claim of the patent is raised’’, was
executed by making the substitution for ‘‘a substantial
new question of patentability affecting a claim of a
patent is raised’’, to reflect the probable intent of Con-
gress.
Pub. L. 112–29, § 6(a), amended section generally. Prior
to amendment, text read as follows: ‘‘If, in a deter-
mination made under section 312(a), the Director finds
that it has been shown that there is a reasonable likeli-
hood that the requester would prevail with respect to
at least 1 of the claims challenged in the request, the
determination shall include an order for inter partes
reexamination of the patent for resolution of the ques-
tion. The order may be accompanied by the initial ac-
tion of the Patent and Trademark Office on the merits
of the inter partes reexamination conducted in accord-
ance with section 314.’’
2002—Pub. L. 107–273 made technical correction to di-
rectory language of Pub. L. 106–113, which enacted this
section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2011 AMENDMENT
Amendment by section 6(a) of Pub. L. 112–29 effective
upon the expiration of the 1-year period beginning on
Sept. 16, 2011, and applicable to any patent issued be-
fore, on, or after that effective date, with provisions for
graduated implementation, see section 6(c)(2) of Pub. L.
112–29, set out as a note under section 311 of this title.
Amendment by section 6(c)(3)(A)(ii) of Pub. L
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