What are the basic characteristics of inter partes reexamination?

Inter partes reexamination has several key characteristics as outlined in MPEP 2609:

• It could be requested by any third party before September 16, 2012, during the enforceability period of eligible patents.
• Prior art is limited to patents or printed publications under 35 U.S.C. 102 and 103.
• A specific standard must be met for reexamination to be ordered.
• The proceeding is inter partes in nature, allowing third-party participation.
• Decisions and proceedings must be conducted with “special dispatch.”
• Patent claim scope cannot be enlarged during reexamination.
• Reexamination files are publicly accessible, with certain exceptions.

The MPEP states: The basic characteristics of inter partes reexamination are as follows: (A) Any third party requester, prior to September 16, 2012, can request inter partes reexamination at any time during the period of enforceability of the patent (for a patent issued from an original application filed on or after November 29, 1999);

To learn more:

• inter partes reexamination
• patent review
• USPTO procedures
• third party participation