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35 U.S.C. § 317 — Settlement
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** An inter partes review instituted under this chapter shall be terminated with respect to any petitioner upon the joint request of the petitioner and the patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed. If the inter partes review is terminated with respect to a petitioner under this section, no estoppel under section 315(e) shall attach to the petitioner, or to the real party in interest or privy of the petitioner, on the basis of that petitioner’s institution of that inter partes review. If no petitioner remains in the inter partes review, the Office may terminate the review or proceed to a final written decision under section 318(a).
**(b) Agreements in Writing.—** Any agreement or understanding between the patent owner and a petitioner, including any collateral agreements referred to in such agreement or understanding, made in connection with, or in contemplation of, the termination of an inter partes review under this section shall be in writing and a true copy of such agreement or understanding shall be filed in the Office before the termination of the inter partes review as between the parties. At the request of a party to the proceeding, the agreement or understanding shall be treated as business confidential information, shall be kept separate from the file of the involved patents, and shall be made available only to Federal Government agencies on written request, or to any person on a showing of good cause.
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Source location: Title 35, Chapter 31, § 317; chapter-031-inter-partes-review.md
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**(a) In General.—** An inter partes review instituted under this chapter shall be terminated with respect to any petitioner upon the joint request of the petitioner and the patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed. If the inter partes review is terminated with respect to a petitioner under this section, no estoppel under section 315(e) shall attach to the petitioner, or to the real party in interest or privy of the petitioner, on the basis of that petitioner’s institution of that inter partes review. If no petitioner remains in the inter partes review, the Office may terminate the review or proceed to a final written decision under section 318(a).
**(b) Agreements in Writing.—** Any agreement or understanding between the patent owner and a petitioner, including any collateral agreements referred to in such agreement or understanding, made in connection with, or in contemplation of, the termination of an inter partes review under this section shall be in writing and a true copy of such agreement or understanding shall be filed in the Office before the termination of the inter partes review as between the parties. At the request of a party to the proceeding, the agreement or understanding shall be treated as business confidential information, shall be kept separate from the file of the involved patents, and shall be made available only to Federal Government agencies on written request, or to any person on a showing of good cause.
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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 129
TITLE 35—PATENTS
§ 317
(A) the deposition of witnesses submitting
affidavits or declarations; and
(B) what is otherwise necessary in the in-
terest of justice;
(6) prescribing sanctions for abuse of dis-
covery, abuse of process, or any other im-
proper use of the proceeding, such as to harass
or to cause unnecessary delay or an unneces-
sary increase in the cost of the proceeding;
(7) providing for protective orders governing
the exchange and submission of confidential
information;
(8) providing for the filing by the patent
owner of a response to the petition under sec-
tion 313 after an inter partes review has been
instituted, and requiring that the patent
owner file with such response, through affida-
vits or declarations, any additional factual
evidence and expert opinions on which the pat-
ent owner relies in support of the response;
(9) setting forth standards and procedures
for allowing the patent owner to move to
amend the patent under subsection (d) to can-
cel a challenged claim or propose a reasonable
number of substitute claims, and ensuring
that any information submitted by the patent
owner in support of any amendment entered
under subsection (d) is made available to the
public as part of the prosecution history of the
patent;
(10) providing either party with the right to
an oral hearing as part of the proceeding;
(11) requiring that the final determination in
an inter partes review be issued not later than
1 year after the date on which the Director no-
tices the institution of a review under this
chapter, except that the Director may, for
good cause shown, extend the 1-year period by
not more than 6 months, and may adjust the
time periods in this paragraph in the case of
joinder under section 315(c);
(12) setting a
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