What is the timeframe for the Director to make a determination on an inter partes reexamination request?
According to 35 U.S.C. 312, the Director must make a determination on an inter partes reexamination request within 3 months of the filing date. The MPEP states:
“35 U.S.C. 312 requires that the Director of the Office determine whether or not a ‘substantial new question of patentability’ affecting any claim of the patent of which reexamination is desired is raised in the request (for inter partes reexamination requests filed prior to September 16, 2011) or there is a ‘reasonable likelihood that the requester will prevail’ with respect to at least one of the claims challenged in the request (for inter partes reexamination requests filed on or after September 16, 2011) – not later than three months after the filing date of a request.”
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