What alternatives are available for challenging patents after the discontinuation of inter partes reexamination?
While MPEP 2617 states that “No requests for inter partes reexamination may be filed on or after September 16, 2012,” there are alternative procedures for challenging patents. These include inter partes review (IPR), post-grant review (PGR), and ex parte reexamination. Each of these procedures has its own requirements and timelines, and they were introduced as part of the America Invents Act to replace the inter partes reexamination process.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2617 - Statement In The Request Applying Prior Art,
Patent Law,
Patent Procedure