§ 321. Post-grant review
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/usc/title-35/section-321A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 a post-grant 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 post-grant review.
(b)Scope.— A petitioner in a post-grant review may request to cancel as unpatentable 1 or more claims of a patent on any ground that could be raised under paragraph
(2)or
(3)of section 282(b) (relating to invalidity of the patent or any claim).
(c)Filing Deadline.— A petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).
(Added Pub. L. 112–29, § 6(d), Sept. 16, 2011, 125 Stat. 306.)
Connections144 cite this · traces to 10
Cited by 144 sections · top 49
public-private-law
U.S. Code
- § 2Powers and duties
- § 321Post-grant review
- § 5Patent and Trademark Office Public Advisory Committees
- § 325Relation to other proceedings or actions
- § 324Institution of post-grant review
- § 326Conduct of post-grant review
- § 328Decision of the Board
- § 327Settlement
- § 323Preliminary response to petition
- § 322Petitions
- § 329Appeal
register
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- NoticesFinal rule
- NoticesRequest for Comments
- Rules and RegulationsNotice of practice guide
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- Sec. 2Improvements to transitional program for covered business method patents
- Sec. 9Improvements and technical corrections to the Leahy-Smith America Invents Act
- Sec. 9Improvements and technical corrections to the Leahy-Smith America Invents Act
- Sec. 9Improvements and technical corrections to the Leahy-Smith America Invents Act
- Sec. 9Improvements and technical corrections to the Leahy-Smith America Invents Act
- Sec. 2Improvements to transitional program for covered business method patents
- Sec. 3308Improvements and technical corrections to the Leahy-Smith America Invents Act
- Sec. 9Improvements and technical corrections to the Leahy-Smith America Invents Act
- Sec. 9Improvements and technical corrections to the Leahy-Smith America Invents Act
- Sec. 14Technical corrections to the Leahy-Smith America Invents Act and other improvements
- Sec. 14Technical corrections to the Leahy-Smith America Invents Act and other improvements
- Sec. 12004
- Sec. 12004
- Sec. 405Ending the practice preventing market competition known as Pay-for-Delay
- Sec. 405Ending the practice preventing market competition known as “Pay-for-Delay”
- Sec. 5Notification of agreements
- Sec. 5Notification of agreements
- Sec. 5Notification of agreements
Traces to 10 documents
U.S. Code
- Definitions§ 100
- Establishment§ 1
- Jurisdiction of the United States Court of Appeals for the Federal Circuit§ 1295
- Post-grant review§ 321
- Decision of the Board§ 328
- Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition§ 1338
- Unfair practices in import trade§ 1337
- Remedy for infringement of patent§ 281
- Patents and copyrights, mask works, and designs§ 1400
- Inventions patentable§ 101
9 references not yet in our index
- Pub. L. 112–29, § 6(d)
- 125 Stat. 306
- Pub. L. 112–29, § 6(f)(2)
- 125 Stat. 311
- Pub. L. 112–29, § 6(f)(1)
- Pub. L. 112–29, § 18
- 125 Stat. 329
- Pub. L. 112–274, § 1(b)
- 126 Stat. 2456
Citation graph
cites case law
§ 321
Post-grant review
Fed. Reg.×90
Bills×33
U.S.C.×12
Stat. Comp.×5
Stat.×2
C.F.R.×1
Pub. L.×1
Pub. L.Pub. L. 112–29, § 6(d)
Stat.125 Stat. 306
Pub. L.Pub. L. 112–29, § 6(f)(2)
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