MPEP Q&A 125: Reasons Why a Petition Filed Under 35 U.S.C. 321 May be Considered - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2018-01-16T15:00:28
Question: 35 U.S.C. 322 covers petitions involved in post-grant reviews. 35 U.S.C. 322(a) provides that a petition filed under 35 U.S.C. 321 may be considered. List two reasons why a petition filed under 35 U.S.C. 321 may be considered. Answer: 35 U.S.C. 322(a) provides that a petition filed under 35 U.S.C. 321 may be considered only if: (1) The petition is accompanied by payment of the fee established by the Director under 35 U.S.C. 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…
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