What happened to inter partes reexamination under the America Invents Act?
The America Invents Act (AIA) replaced the inter partes reexamination process with inter partes review. According to the MPEP:
“Effective September 16, 2012, section 6(c) of the Leahy-Smith America Invents Act (the AIA), Public Law 112-29, 125 Stat. 284, replaced the inter partes reexamination process that was established by the AIPA with an inter partes review process, such that (on or after September 16, 2012) the Office no longer entertains requests for inter partes reexamination but instead accepts petitions to conduct inter partes review before the Board, where appropriate.”
Key points:
- Inter partes reexamination requests are no longer accepted after September 16, 2012
- Inter partes review before the Patent Trial and Appeal Board (PTAB) replaced inter partes reexamination
- For inter partes reexaminations filed before September 16, 2012, the pre-AIA provisions of 35 U.S.C. 311-318 still apply
For guidance on inter partes reexamination proceedings filed before September 16, 2012, refer to MPEP Chapter 2600.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2201 - Introduction,
Patent Law,
Patent Procedure