What legislative acts have significantly impacted inter partes reexamination?
Several legislative acts have had significant impacts on inter partes reexamination:
- The American Inventors Protection Act of 1999 (AIPA): Introduced inter partes reexamination.
- Public Law 107-273 (2002): Expanded the scope of what qualifies for a substantial new question of patentability and expanded third-party requester’s appeal rights.
- The Leahy-Smith America Invents Act (AIA) of 2011: Replaced inter partes reexamination with inter partes review.
The MPEP notes: “The reexamination statute was amended on November 29, 1999 by the American Inventors Protection Act of 1999 (the AIPA), Public Law 106-113.” It further states, “The Leahy-Smith America Invents Act (the AIA), Public Law 112-29, 125 Stat. 284, was enacted September 16, 2011. Section 6(c) of the AIA replaced the inter partes reexamination process, effective September 16, 2012, with a new inter partes review process.“
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2601 - Introduction,
Patent Law,
Patent Procedure