35 U.S.C. 313: Preliminary response to petition

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

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35 U.S.C. 313 Preliminary response to petition.

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.

(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4604(a)); amended Sept. 16, 2011, Public Law 112-29, sec. 6(c)(3), 125 Stat. 284 and further amended by Public Law 112-29, sec. 6(a) (effective Sept. 16, 2012), 125 Stat. 284.)