What is the significance of September 16, 2012, for inter partes reexamination?
September 16, 2012, marks a crucial date for inter partes reexamination in patent law. According to MPEP 2620, “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change effectively ended the practice of inter partes reexamination, which was replaced by inter partes review under the America Invents Act.…
Read MoreWhat happened to inter partes reexamination requests after September 16, 2012?
According to MPEP 2629, “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. The MPEP provides guidance on the former practice in earlier revisions and official notices. To learn more:…
Read MoreCan 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…
Read MoreWhen did inter partes reexamination requests cease to be accepted?
Inter partes reexamination requests ceased to be accepted on September 16, 2012. According to MPEP 2612, “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) reforms to the patent system. To learn more: inter partes reexamination patent law AIA…
Read MoreWhat replaced inter partes reexamination in the patent system?
Inter partes reexamination was replaced by inter partes review as part of the America Invents Act (AIA). While not explicitly stated in MPEP Section 2619, this change is implied by the statement: “No requests for inter partes reexamination may be filed on or after September 16, 2012.” Inter partes review, introduced by the AIA, offers…
Read MoreWhen did the USPTO stop accepting inter partes reexamination requests?
The United States Patent and Trademark Office (USPTO) stopped accepting inter partes reexamination requests on September 16, 2012. This is clearly stated in MPEP 2631: “No requests for inter partes reexamination may be filed on or after September 16, 2012.“ This change was implemented as part of the America Invents Act (AIA), which introduced new…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat is the effective filing date of a claimed invention under the AIA?
Under the America Invents Act (AIA), the effective filing date of a claimed invention is defined in 35 U.S.C. 100(i)(1) as the earliest of: The actual filing date of the patent or the application containing the claimed invention; or The filing date of the earliest application for which the patent or application is entitled to…
Read MoreWhat 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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