Authorities

35 U.S.C. §§ 311-319: Inter partes review

35 U.S.C. 311-319 authorizes inter partes review at the PTAB.

Citation: 35 U.S.C. §§ 311-319

Type: Statute

Jurisdiction: Federal

Issuing body: U.S. Congress

Status: In force

Sections 311 through 319 authorize inter partes review, a Patent Trial and Appeal Board trial to cancel claims as anticipated or obvious over earlier patents and publications. The petitioner must prove unpatentability by a preponderance of the evidence under section 316(e), estoppel follows a final written decision under section 315(e), and either party may appeal to the Federal Circuit under section 319.

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