35 USC 311
Request for inter partes reexamination

Executive summary:

This document contains one section of the U.S. Patent Act (found in Title 35 of the United States Code). This page was last updated in November 2005. All of the sections of the Patent Act are listed on the Index page. A Word Index is also available to the Patent Act.

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§311. Request for inter partes reexamination

(a)

In general. Any third-party requester at any time may file a request for inter partes reexamination by the Office of a patent on the basis of any prior art cited under the provisions of section 301 [35 USC 301].

(b)

Requirements. The request shall--

(1)

be in writing, include the identity of the real party in interest, and be accompanied by payment of an inter partes reexamination fee established by the Director under section 41 [35 USC 41]; and

(2)

set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested.

(c)

Copy. The Director promptly shall send a copy of the request to the owner of record of the patent.