US Code

Public Law 119-83 (04/13/2026)

35 U.S.C. § 314

Institution of inter partes review

(a)

Threshold .—

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.
(b)

Timing .—

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.
(c)

Notice .—

The Director shall notify the petitioner and patent owner, in writing, of the Director’s determination under subsection (a), and shall make such notice available to the public as soon as is practicable. Such notice shall include the date on which the review shall commence.
(d)

No Appeal .—

The determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable.

Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4604(a)]113 Stat. 1536 Pub. L. 107–273, div. C, title III, § 13202(a)(3)116 Stat. 1901 Pub. L. 112–29, § 6(a)125 Stat. 300 (Added , , , 1501A–568; amended , (c)(1), , , 1902; , , .)

Editorial Notes

Amendments

Pub. L. 112–292011— amended section generally. Prior to amendment, section related to conduct of inter partes reexamination proceedings.

Pub. L. 107–273, § 13202(c)(1)Pub. L. 106–1132002—, made technical correction to directory language of , which enacted this section.

Pub. L. 107–273, § 13202(a)(3)Subsec. (b). , redesignated par. (2) as (1), substituted “the Office shall send to the third-party requester a copy” for “the third-party requester shall receive a copy”, redesignated par. (3) as (2), and struck out former par. (1) which read as follows: “This subsection shall apply to any inter partes reexamination proceeding in which the order for inter partes reexamination is based upon a request by a third-party requester.”

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–29section 6(c)(2) of Pub. L. 112–29section 311 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to any patent issued before, on, or after that effective date, with provisions for graduated implementation, see , set out as a note under .

Effective Date

Pub. L. 106–113section 41 of this titleSection effective , and applicable to any patent issuing from an original application filed in the United States on or after that date, see section 1000(a)(9) [title IV, § 4608(a)] of , set out as an Effective Date of 1999 Amendment note under .