US Code

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

35 U.S.C. § 317

Settlement

(a)

In General .—

An inter partes review instituted under this chapter shall be terminated with respect to any petitioner upon the joint request of the petitioner and the patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed. If the inter partes review is terminated with respect to a petitioner under this section, no estoppel under section 315(e) shall attach to the petitioner, or to the real party in interest or privy of the petitioner, on the basis of that petitioner’s institution of that inter partes review. If no petitioner remains in the inter partes review, the Office may terminate the review or proceed to a final written decision under section 318(a).
(b)

Agreements in Writing .—

Any agreement or understanding between the patent owner and a petitioner, including any collateral agreements referred to in such agreement or understanding, made in connection with, or in contemplation of, the termination of an inter partes review under this section shall be in writing and a true copy of such agreement or understanding shall be filed in the Office before the termination of the inter partes review as between the parties. At the request of a party to the proceeding, the agreement or understanding shall be treated as business confidential information, shall be kept separate from the file of the involved patents, and shall be made available only to Federal Government agencies on written request, or to any person on a showing of good cause.

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)(5)116 Stat. 1901 Pub. L. 112–29, § 6(a)125 Stat. 303 (Added , , , 1501A–570; amended , (c)(1), , , 1902; , , .)

Editorial Notes

Amendments

Pub. L. 112–292011— amended section generally. Prior to amendment, section related to restriction on subsequent request for inter partes reexamination.

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)(5)(A)Subsec. (a). , substituted “third-party requester nor its privies” for “patent owner nor the third-party requester, if any, nor privies of either”.

Pub. L. 107–273, § 13202(a)(5)(B)Subsec. (b). , struck out “United States Code,” after “title 28,”.

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 .