35 U.S.C. 311: Inter partes review

Taken from the 9th Edition of the MPEP, Revision 07.2022, Published February 2023

Current AIA Redline

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35 U.S.C. 311 Inter partes review.

  • (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.

(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4604(a)); subsections (a) and (c) amended Nov. 2, 2002, Public Law 107-273, sec. 13202, 116 Stat. 1901; amended Sept. 16, 2011, Public Law 112-29, sec. 6(a) (effective Sept. 16, 2012), 125 Stat. 284.)

*NOTE:Pursuant to Public Law 112-274, sec. 1(d), 126 Stat. 2456, Jan. 14, 2013, the filing deadlines of subsection (c) do not apply to patents not subject to the first inventor to file provisions of the AIA (35 U.S.C. 100 (note) ).