35 U.S.C. § 323

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 323 - Preliminary response to petition

If a post-grant review petition is filed under section 321, 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 post-grant review should be instituted based upon the failure of the petition to meet any requirement of this chapter.

35 U.S.C. § 323

Added Pub. L. 112-29, §6(d), Sept. 16, 2011, 125 Stat. 306.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective upon the expiration of the 1-year period beginning Sept. 16, 2011, and applicable only to patents described in section 3(n)(1) of Pub. L. 112-29 ( 35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112-29 set out as a note under section 321 of this title.