35 U.S.C. 323: Preliminary response to petition

Taken from the Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020

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35 U.S.C. 323 Preliminary response to petition.

If a post-grant review petition is filed under section 321, 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 post-grant review should be instituted based upon the failure of the petition to meet any requirement of this chapter.

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