{"data":{"id":"us/37-cfr-42.207","jurisdiction":"us","citation":"37 CFR 42.207","heading":"Preliminary response to petition.","body":"(a) The patent owner may file a preliminary response to the petition. The response is limited to setting forth the reasons why no post-grant review should be instituted under 35 U.S.C. 324 and can include supporting evidence. The preliminary response is subject to the word count under § 42.24.\n(b) Due date. The preliminary response must be filed no later than three months after the date of a notice indicating that the request to institute a post-grant review has been granted a filing date. A patent owner may expedite the proceeding by filing an election to waive the patent owner preliminary response.\n(c) [Reserved]\n(d) No amendment. The preliminary response shall not include any amendment.\n(e) Disclaim Patent Claims. The patent owner may file a statutory disclaimer under 35 U.S.C. 253(a) in compliance with § 1.321(a), disclaiming one or more claims in the patent. No post-grant review will be instituted based on disclaimed claims.","path":["Title 37—Patents, Trademarks, and Copyrights","CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE","SUBCHAPTER A—GENERAL","PART 42—TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD","Subpart C—Post-Grant Review"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-37.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:45Z","sha256":"0114a84f76fe3cc246f56fb271df7fe1988a9e357d3815a03602b11202ea1eb3","source_id":"us-cfr","stale":true,"prev":"us/37-cfr-42.206","next":"us/37-cfr-42.208"},"notice":"GroundRules: Original legal text. Not legal advice."}