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35 U.S.C. § 323

U.S. CodeFederalPositive Law
Preliminary response to petition
About This Law
/us/usc/t35/s323
Title
35 — Patents
Chapter
PTIII/CH32
Release
119-84
Release Date
2026-04-17

Section Text

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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 Pub. L. 112–29, § 6(d), Sept. 16, 2011, 125 Stat. 306.) Statutory Notes and Related Subsidiaries Effective DateSection effective upon the expiration of the 1-year period beginning Sept. 16, 2011, and applicable only to patents described in section 3(n)(1) of Pub. L. 112–29 (35 U.S.C. 100 note), with certain exceptions and limitations, see section 6(f)(2), (3) of Pub. L. 112–29, set out as a note under section 321 of this title.

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