When was inter partes reexamination replaced by inter partes review?
Inter partes reexamination was replaced by inter partes review on September 16, 2012, as a result of the Leahy-Smith America Invents Act (AIA). The MPEP states: “Section 6(c) of the AIA replaced the inter partes reexamination process, effective September 16, 2012, with a new inter partes review process, such that on or after September 16,…
Read MoreWhat was the standard for granting an inter partes reexamination request?
The standard for granting an inter partes reexamination request changed over time. Initially, under 35 U.S.C. 312(a), the standard was whether “a substantial new question of patentability affecting any claim of the patent concerned is raised by the request,” known as the SNQ standard. However, during the one-year transition period (September 16, 2011 to September…
Read MoreWhat 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…
Read MoreCan inter partes reexamination be requested for any patent?
No, inter partes reexamination is not available for all patents. According to the MPEP, “For a patent issued from an application filed prior to November 29, 1999, the statutory inter partes reexamination option is not available, only the ex parte reexamination is available as a reexamination option.” This limitation was due to the effective date…
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