37 CFR § 1.913 — Persons eligible to file, and time for filing, a (MPEP Index) – BlueIron IP
37 CFR § 1.913 Persons eligible to file, and time for filing, a
This page consolidates MPEP guidance interpreting 37 CFR § 1.913, including 235 rules 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.
Summary
This section details the eligibility criteria for parties to request an ex parte reexamination initiated by the Director during a patent's enforceability period, along with the time frame within which such requests must be filed.
What this section covers
- Defines who can request an ex parte reexamination when initiated by the Director.
- Outlines the time frame within which such a request must be filed.
Key obligations
- The Director can order an ex parte reexamination at any time during the patent's enforceability period.
- A request for ex parte reexamination must be filed within the time limits specified by the Director.
Practice notes
- Ensure the request for ex parte reexamination is filed promptly, as it must be submitted within a specific time frame.
- The Director's decision to initiate an ex parte reexamination is not subject to appeal, highlighting its finality.
Official MPEP § 1.913 — Persons eligible to file, and time for filing, a
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.913 Persons eligible to file, and time for filing, a request for inter partes reexamination.
- (a) Except as provided for in § 1.907 and in paragraph (b) of this section, any person other than the patent owner or its privies may, at any time during the period of enforceability of a patent which issued from an original application filed in the United States on or after November 29, 1999, file a request for inter partes reexamination by the Office of any claim of the patent on the basis of prior art patents or printed publications cited under § 1.501 .
- (b) Any request for an inter partes reexamination submitted on or after September 16, 2012, will not be accorded a filing date, and any such request will not be granted.
[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; revised, 68 FR 70996, Dec. 22, 2003, effective Jan. 21, 2004; revised, 76 FR 59055, Sept. 23, 2011, effective Sept. 23, 2011]
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