35 U.S.C. § 322

Petitions

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(a)Requirements of Petition.—A petition filed under section 321 may be considered only if—(1) the petition is accompanied by payment of the fee established by the Director under section 321;(2) the petition identifies all real parties in interest;(3) the petition identifies, in writing and with particularity, each claim challenged, the grounds on which the challenge to each claim is based, and the evidence that supports the grounds for the challenge to each claim, including—(A) copies of patents and printed publications that the petitioner relies upon in support of the petition; and(B) affidavits or declarations of supporting evidence and opinions, if the petitioner relies on other factual evidence or on expert opinions;(4) the petition provides such other information as the Director may require by regulation; and(5) the petitioner provides copies of any of the documents required under paragraphs (2), (3), and (4) to the patent owner or, if applicable, the designated representative of the patent owner.(b)Public Availability.—As soon as practicable after the receipt of a petition under section 321, the Director shall make the petition available to the public.(Added Pub. L. 112–29, § 6(d), Sept. 16, 2011, 125 Stat. 306.)Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2015–2022 · leading case: Sightsound Tech., LLC v. Apple Inc., 809 F.3d 1307 (Fed. Cir. 2015).

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Sightsound Tech., LLC v. Apple Inc., 809 F.3d 1307 (Fed. Cir. 2015). “SightSound relies on 35 U.S.C. § 322 (a)(3), which requires that a petition must recite “in writing and with particúlarity, each claim challenged, the grounds on which the challenge to each claim is based, and the evidence 'that supports the grounds for the challenge to each…”

Everstar Merch. Co. Ltd. v. Willis Elec. Co., Ltd. (Fed. Cir. 2022). “§ 312 (a)(3)); see also 35 U.S.C. § 322 (a)(3) (establishing re- quirements for a petition for post grant review).”

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