§ 42.207. Preliminary response to petition.
169 words·~1 min read·
/us/cfr/t37/s§ 42.207·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The patent owner may file a preliminary response to the petition. The response is limited to setting forth the reasons why no post-grant review should be instituted under 35 U.S.C. 324 and can include supporting evidence. The preliminary response is subject to the word count under § 42.24.
(b)Due date. The preliminary response must be filed no later than three months after the date of a notice indicating that the request to institute a post-grant review has been granted a filing date. A patent owner may expedite the proceeding by filing an election to waive the patent owner preliminary response.
(c)\[Reserved\]
(d)No amendment. The preliminary response shall not include any amendment.
(e)Disclaim Patent Claims. The patent owner may file a statutory disclaimer under 35 U.S.C. 253(a) in compliance with § 1.321(a), disclaiming one or more claims in the patent. No post-grant review will be instituted based on disclaimed claims. \[77 FR 48729, Aug. 14, 2012, as amended at 81 FR 18766, Apr. 1, 2016\]
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