§311. Inter partes review — Inbound Citations

Citations to 35 U.S.C. § 311 as a whole

• 35 U.S.C. § 312(a)

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  (a) 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.
• 35 U.S.C. § 312(a)(1)

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  (1) the petition is accompanied by payment of the fee established by the Director under section 311;
• 35 U.S.C. § 312(b)

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  (b) As soon as practicable after the receipt of a petition under section 311, the Director shall make the petition available to the public.
• 35 U.S.C. § 313

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  If an inter partes review petition is filed under section 311, 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 inter partes review should be instituted based upon the failure of the petition to meet any requirement of this chapter.
• 35 U.S.C. § 314(a)

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  (a) The Director may not authorize an inter partes review to be instituted unless the Director determines that the information presented in the petition filed under section 311 and any response filed under section 313 shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.
• 35 U.S.C. § 314(b)

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  (b) The Director shall determine whether to institute an inter partes review under this chapter pursuant to a petition filed under section 311 within 3 months after—

  (1) receiving a preliminary response to the petition under section 313; or

  (2) if no such preliminary response is filed, the last date on which such response may be filed.
• 35 U.S.C. § 315(c)

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  (c) If the Director institutes an inter partes review, the Director, in his or her discretion, may join as a party to that inter partes review any person who properly files a petition under section 311 that the Director, after receiving a preliminary response under section 313 or the expiration of the time for filing such a response, determines warrants the institution of an inter partes review under section 314.