If an inter partes review petition is filed under section 311, 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 inter partes review should be instituted based upon the failure of the petition to meet any requirement of this chapter.
Cite as 35 U.S.C. § 313 Source: Added Pub. L. , 106-113 div. B, § 1000 (a)(9) [title IV, §4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-568; amended Pub. L. , 107-273 div. C, title III, § 13202 (c)(1), Nov. 2, , 116 Stat. 1902; 2002 Pub. L. , 112-29 § 6 (a), (c) (3)(A)(ii), Sept. 16, 2011, 125 Stat. 300, 305. current through 9/5/2017 AMENDMENTS 2011- Pub. L. , 112-29 § 6 (c)(3)(A)(ii), which directed substitution of "it has been shown that there is a reasonable likelihood that the requester would prevail with respect to at least 1 of the claims challenged in the request" for "a substantial new question of patentability affecting a claim of the patent is raised", was executed by making the substitution for "a substantial new question of patentability affecting a claim of a patent is raised", to reflect the probable intent of Congress. Pub. L. , 112-29 § 6 (a), amended section generally. Prior to amendment, text read as follows: "If, in a determination made under section 312(a), the Director finds that it has been shown that there is a reasonable likelihood that the requester would prevail with respect to at least 1 of the claims challenged in the request, the determination shall include an order for inter partes reexamination of the patent for resolution of the question. The order may be accompanied by the initial action of the Patent and Trademark Office on the merits of the inter partes reexamination conducted in accordance with section 314."