35 USC § 323 - Preliminary response to petition

---
identifier: "/us/usc/t35/s323"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 323 - Preliminary response to petition"
title_number: 35
title_name: "PATENTS"
section_number: "323"
section_name: "Preliminary response to petition"
chapter_number: 32
chapter_name: "POST-GRANT REVIEW"
part_number: "III"
part_name: "PATENTS AND PROTECTION OF PATENT RIGHTS"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 112–29, § 6(d), Sept. 16, 2011, 125 Stat. 306.)"
---


# § 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.

---

**Source Credit**: (Added Pub. L. 112–29, § 6(d), Sept. 16, 2011, 125 Stat. 306.)

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective upon the expiration of the 1-year period beginning , and applicable only to patents described in  ( note), with certain exceptions and limitations, see section 6(f)(2), (3) of , set out as a note under .