What alternatives are available for challenging patents after the discontinuation of inter partes reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 8 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. 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. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2617 Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2617 Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Reissue After September 16, 2012 MPEP 1401 Third-Party Submissions Eliminated After September 16, 2012 MPEP 1134 Ex Parte Appeal Practice Before September 16, 2012 MPEP 1201 Request for Inventorship Correction Before September 16, 2012 MPEP 1004 Timely SIR Requests Before March 16, 2013 MPEP 1101 Other Related FAQs 5 FAQs Collapse What happens if the statement applying prior art is insufficient in an inter partes reexamination request? Can a requester include arguments about non-prior art issues in the statement applying prior art? What is the purpose of the statement applying prior art in an inter partes reexamination request? How detailed should the statement applying prior art be in an inter partes reexamination request? How does 35 U.S.C. 312(a) affect the determination in inter partes reexamination?