What legislative acts have significantly impacted inter partes reexamination?

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.

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.“