United States Code

USC most recently checked for updates: Oct 16, 2019

§ 311.
Inter partes 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 an inter partes 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 review.
(b)
Scope.—
A petitioner in an inter partes review may request to cancel as unpatentable 1 or more claims of a patent only on a ground that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications.
(c)
Filing Deadline.—
A petition for inter partes review shall be filed after the later of either—
(1)
the date that is 9 months after the grant of a patent; or
(2)
if a post-grant review is instituted under chapter 32, the date of the termination of such post-grant review.
(Added Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–567; amended Pub. L. 107–273, div. C, title III, § 13202(a)(1), (c)(1), Nov. 2, 2002, 116 Stat. 1901, 1902; Pub. L. 112–29, § 6(a), Sept. 16, 2011, 125 Stat. 299; Pub. L. 112–274, § 1(d)(2), Jan. 14, 2013, 126 Stat. 2456.)
cite as: 35 USC 311