35 U.S.C. § 311 - Inter partes review

• Cite as: 35 U.S.C. § 311

(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.

Cite as 35 U.S.C. § 311

Source: Added Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-567; amended Pub. L. 107-273, div. C, title III, §13202(a)(1), (c) (1), Nov. 2, 2002, 116 Stat. 1901, 1902; Pub. L. 112-29, §6(a), Sept. 16, 2011, 125 Stat. 299; Pub. L. 112-274, §1(d)(2), Jan. 14, 2013, 126 Stat. 2456.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

EDITORIAL NOTES

AMENDMENTS

2013-Subsec. (c)(1). Pub. L. 112-274 struck out "or issuance of a reissue of a patent" after "grant of a patent".

2011- Pub. L. 112-29 amended section generally. Prior to amendment, section related to request for inter partes reexamination.

2002- Pub. L. 107-273, §13202(c)(1), made technical correction to directory language of Pub. L. 106-113 which enacted this section.

Subsec. (a). Pub. L. 107-273, §13202(a)(1)(A), substituted "third-party requester" for "person".

Subsec. (c). Pub. L. 107-273, §13202(a)(1)(B), substituted "The" for "Unless the requesting person is the owner of the patent, the".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2013 AMENDMENT

Amendment by Pub. L. 112-274 effective Jan. 14, 2013, and applicable to proceedings commenced on or after such date, see section 1(n) of Pub. L. 112-274 set out as a note under section 5 of this title.

EFFECTIVE DATE OF 2011 AMENDMENT

Pub. L. 112-29, §6(c)(2), Sept. 16, 2011, 125 Stat. 304, provided that:

"(A) IN GENERAL.-The amendments made by subsection (a) [enacting section 319 of this title and amending this section and sections 312 to 318 of this title] shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act [Sept. 16, 2011] and shall apply to any patent issued before, on, or after that effective date.