Redline Version (2011)
35 U.S.C. 321, Post grant review

Current Pre-AIA After AIA Redline

Previous Section (§319) | Next Section (§322)

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).

 

Effective Dates for Changes Made to this Section

POST-GRANT REVIEW CHANGES
Section 6 of the America Invents Act

(f) REGULATIONS AND EFFECTIVE DATE.--

(1) REGULATIONS.--The Director shall, not later than the date that is 1 year after the date of the enactment of this Act, issue regulations to carry out chapter 32 of title 35, United States Code, as added by subsection (d) of this section.

(2) APPLICABILITY.--

(A) IN GENERAL.--The amendments made by subsection (d) shall take effect upon the expiration of the 1–year period beginning on the date of the enactment of this Act and, except as provided in section 18 and in paragraph (3), shall apply only to patents described in section 3(n)(1).

(B) LIMITATION.--The Director may impose a limit on the number of post-grant reviews that may be instituted under chapter 32 of title 35, United States Code, during each of the first 4 1–year periods in which the amendments made by subsection (d) are in effect.