35 U.S.C. 321: Post-grant 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. 321 Post-grant 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 a post-grant 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 post-grant review.
  • (b) SCOPE.—A petitioner in a post-grant review may request to cancel as unpatentable 1 or more claims of a patent on any ground that could be raised under paragraph (2) or (3) of section 282(b) (relating to invalidity of the patent or any claim).
  • (c) FILING DEADLINE.—A petition for a post-grant review may only be filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).

(Added Sept. 16, 2011, Public Law 112-29, sec. 6(d) (effective Sept. 16, 2012), 125 Stat. 284.)

(Public Law 112-29, sec. 18, 125 Stat. 284 (Sept. 16, 2011) provided a transitional program for covered business method patents (see AIA § 18 ).)