[USC02] 35 USC 323: Preliminary response to petition
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35 USC 323: Preliminary response to petition Text contains those laws in effect on February 25, 2020
From Title 35-PATENTSPART III-PATENTS AND PROTECTION OF PATENT RIGHTSCHAPTER 32-POST-GRANT REVIEW

§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 Pub. L. 112–29, §6(d), Sept. 16, 2011, 125 Stat. 306 .)

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.