Why were inter partes reexamination requests discontinued?
Inter partes reexamination requests were discontinued as part of the changes implemented by the America Invents Act (AIA). While MPEP Section 2619 doesn’t explicitly state the reason, it notes: “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change was made to streamline patent challenge procedures and replace…
Read MoreWhen can an affidavit or declaration under 37 CFR 1.130(a) be used?
An affidavit or declaration under 37 CFR 1.130(a), also known as an affidavit or declaration of attribution, can be used in two specific situations: To establish that a disclosure was made by the inventor or joint inventor. To establish that the subject matter disclosed was obtained directly or indirectly from the inventor or joint inventor.…
Read MoreWhat is the significance of the March 16, 2013 date in patent law?
March 16, 2013, is a crucial date in U.S. patent law as it marks the implementation of the America Invents Act (AIA), which significantly changed the patent system. The MPEP highlights this date’s importance: The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of…
Read MoreWhy was inter partes reexamination discontinued?
The discontinuation of inter partes reexamination was part of the broader patent reform implemented by the America Invents Act (AIA). While MPEP 2629 doesn’t provide the specific reasons, the change was made to improve the efficiency and effectiveness of patent review processes. The new inter partes review procedure conducted by the PTAB was designed to…
Read MoreWhat is the purpose of an affidavit or declaration under 37 CFR 1.130(b)?
An affidavit or declaration under 37 CFR 1.130(b), also known as an affidavit or declaration of prior public disclosure, serves to except an intervening disclosure as prior art. It can be used when: The subject matter disclosed had been publicly disclosed by the inventor or joint inventor before the intervening disclosure was made or effectively…
Read MoreWhat is the purpose of 37 CFR 1.130 in patent examination?
37 CFR 1.130 provides a mechanism for filing an affidavit or declaration to establish that a disclosure is not prior art under the America Invents Act (AIA). Specifically, it allows applicants to overcome prior art rejections by showing that: The disclosure was made by the inventor or joint inventor (37 CFR 1.130(a)) The subject matter…
Read MoreCan a patent be invalidated for failure to disclose the best mode?
Yes, a patent can be invalidated for failure to disclose the best mode, but only under specific circumstances. According to MPEP 2165.02: “Failure to disclose the best mode is a basis for a defect under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. However, the failure to disclose the best mode is not…
Read MoreWhen was the last day to file an inter partes reexamination request?
The last day to file an inter partes reexamination request was September 15, 2012. According to MPEP 2626: “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This means that September 15, 2012, was the final day on which the USPTO accepted inter partes reexamination requests. After this date,…
Read MoreWhat replaced the inter partes reexamination process?
While the MPEP 2611 section does not directly address this question, it’s important to note that the inter partes reexamination process was replaced by inter partes review as part of the America Invents Act (AIA). The inter partes review process is conducted by the Patent Trial and Appeal Board (PTAB) and offers a more streamlined…
Read MoreWhat replaced inter partes reexamination after September 16, 2012?
While MPEP 2620 doesn’t explicitly state the replacement for inter partes reexamination, it’s important to note that after September 16, 2012, inter partes review (IPR) became the new procedure under the America Invents Act. The MPEP section states: “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change…
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