35 U.S.C. § 323
Section 323 · Preliminary response to petition
Amended 1 time on record
Applied in 1 court decisions — leading case 959 F. Supp. 2d 912 - Versata Development Corp. v. Rea (2013)
Most recently applied in 959 F. Supp. 2d 912 - Versata Development Corp. v. Rea (August 2013)
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Effective Date
Section 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.