Can I still file a request for inter partes reexamination?

No, requests for inter partes reexamination are no longer accepted. According to MPEP 2631, “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change was part of the America Invents Act (AIA) which replaced inter partes reexamination with inter partes review. For information on the former practice of…

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What happened to inter partes reexamination requests?

Inter partes reexamination requests are no longer accepted as of September 16, 2012. The Manual of Patent Examining Procedure (MPEP) Section 2626 states: “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change was part of the America Invents Act, which replaced inter partes reexamination with inter partes…

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What is the applicability of the inter partes reexamination procedure described in MPEP 2661?

The inter partes reexamination procedure described in MPEP 2661 is specifically applicable to requests filed before September 16, 2012. This is clearly stated in the editor’s note at the beginning of the section: “[Editor Note: Applicable only to a request for inter partes reexamination filed prior to September 16, 2012]” This limitation is important because…

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What is the relationship between trade secrets and the best mode requirement?

The best mode requirement in patent law can potentially conflict with an inventor’s desire to maintain trade secrets. As explained in MPEP 2165: “The best mode requirement creates a statutory bargained-for-exchange by which a patentee obtains the right to exclude others from practicing the claimed invention for a certain time period, and the public receives…

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