US Code

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

35 U.S.C. § 318

Decision of the Board

(a)

Final Written Decision .—

If an inter partes review is instituted and not dismissed under this chapter, the Patent Trial and Appeal Board shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner and any new claim added under section 316(d).
(b)

Certificate .—

If the Patent Trial and Appeal Board issues a final written decision under subsection (a) and the time for appeal has expired or any appeal has terminated, the Director shall issue and publish a certificate canceling any claim of the patent finally determined to be unpatentable, confirming any claim of the patent determined to be patentable, and incorporating in the patent by operation of the certificate any new or amended claim determined to be patentable.
(c)

Intervening Rights .—

Any proposed amended or new claim determined to be patentable and incorporated into a patent following an inter partes review under this chapter shall have the same effect as that specified in section 252 for reissued patents on the right of any person who made, purchased, or used within the United States, or imported into the United States, anything patented by such proposed amended or new claim, or who made substantial preparation therefor, before the issuance of a certificate under subsection (b).
(d)

Data on Length of Review .—

The Office shall make available to the public data describing the length of time between the institution of, and the issuance of a final written decision under subsection (a) for, each inter partes review.

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

Editorial Notes

Amendments

Pub. L. 112–292011— amended section generally. Prior to amendment, text read as follows: “Once an order for inter partes reexamination of a patent has been issued under section 313, the patent owner may obtain a stay of any pending litigation which involves an issue of patentability of any claims of the patent which are the subject of the inter partes reexamination order, unless the court before which such litigation is pending determines that a stay would not serve the interests of justice.”

Pub. L. 107–273Pub. L. 106–1132002— made technical correction to directory language of , which enacted this section.

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 .