35 U.S.C. 312: Petitions

Taken from the 9th Edition of the MPEP, Revision 07.2022, Published February 2023

Current AIA Redline

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35 U.S.C. 312 Petitions.

  • (a) REQUIREMENTS OF PETITION.—A petition filed under section 311 may be considered only if—
    • (1) the petition is accompanied by payment of the fee established by the Director under section 311;
    • (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 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 311, the Director shall make the petition available to the public.

(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4604(a)); subsections (a) and (b) amended Nov. 2, 2002, Public Law 107-273, secs. 13105 and 13202, 116 Stat.1900-1901; subsections (a) and (c) amended Sept. 16, 2011, Public Law 112-29, sec. 6(c)(3), 125 Stat. 284; amended Sept. 16, 2011, Public Law 112-29, sec. 6(a), 125 Stat. 284, effective Sept. 16, 2012.)