What is the significance of September 16, 2012, for inter partes reexamination requests?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. September 16, 2012, marks a critical date for inter partes reexamination requests. According to the MPEP, “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This means that the inter partes reexamination process was discontinued after this date, and patent challengers must use other procedures to contest the validity of a patent. For information on the previous practice, the MPEP directs readers to revision 7 of the 8th Edition of the MPEP and the Federal Register notice titled “Revision of Standard for Granting an Inter Partes Reexamination Request” . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2616 Substantial New Question of Patentability Can Be Re-Presented MPEP 2242 Permitted Substantial New Question of Patentability Requires Ex Parte Reexamination MPEP 2246 Substantial New Question of Patentability Required for Reexamination MPEP 2240 No Longer Accept Inter Partes Reexamination Requests After September 16, 2012 MPEP 2616 Substantial New Question of Patentability Based on Old Art in a New Light MPEP 2216 Permitted Substantial New Question of Patentability Requirement Protects Patentees from Unjustified Reexaminations MPEP 2240 Substantial New Question of Patentability Present Unless Decided MPEP 2242 Substantial New Question of Patentability Must Be Addressed MPEP 2246 Recommended Substantial New Question of Patentability Must Be Raised MPEP 2246 Permitted Other Related FAQs 5 FAQs Collapse Where can I find guidance on the former practice of inter partes reexamination? How does 35 U.S.C. 312(a) affect the determination in inter partes reexamina...