Guide
USPTO and AIA Links
The primary sources for post-grant practice are the Patent Act (35 U.S.C.), the USPTO's rules (37 C.F.R.), the Manual of Patent Examining Procedure, and the Patent Trial and Appeal Board's published guidance. Use the links below to go directly to them.
On this page
Statutes
- 35 U.S.C. Part III, Patents and Protection of Patent Rights: includes chapters 30 (reexamination), 31 (IPR) and 32 (PGR).
- 35 U.S.C. § 6: the Patent Trial and Appeal Board.
- 35 U.S.C. § 251: reissue.
- 35 U.S.C. § 257: supplemental examination.
- Leahy-Smith America Invents Act (Pub. L. 112-29).
Rules
- 37 C.F.R. Part 42: trial practice before the PTAB (IPR, PGR, derivation).
- 37 C.F.R. Part 41: practice before the Board in appeals.
- 37 C.F.R. Part 1: rules of practice in patent cases, including reexamination, reissue and supplemental examination.
USPTO guidance
- Patent Trial and Appeal Board: trial guidance, Director Review information, precedential and informative decisions, and statistics.
- Manual of Patent Examining Procedure: chapters 1400 (correction of patents and reissue), 2200 (ex parte reexamination) and 2800 (supplemental examination).
- Federal Register: USPTO rulemakings and notices.
On this site
In This Section
Primary Sources
Related Pages
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- GuidePTAB StatisticsThe USPTO publishes current statistics on PTAB petitions, institution rates and trial outcomes on its Patent…
- GuidePost-Grant ResourcesThis is the index of articles and reference pages on post-grant practice. Start with the proceedings guide…
Educational information; not legal advice. Statutes, rules and USPTO practice change. Confirm against the primary sources and consult a registered patent practitioner before acting. Disclaimer.