What 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 is the timeline for patent owner response completion and third party comments in inter partes reexamination?
In inter partes reexamination, the patent owner typically has 30 days or one month (whichever is longer) to complete their response. After the patent owner completes the response, the examiner waits two months before taking action. This allows time for third party requester comments, which are due within 30 days of the date of service…
Read MoreWhat are the time extensions available in inter partes reexamination proceedings?
Time extensions in inter partes reexamination proceedings are limited and strictly regulated. The MPEP states: Extensions of time under 37 CFR 1.136(a) will not be permitted in inter partes reexamination proceedings because the provisions of 37 CFR 1.136 apply only to “an applicant” and not to parties in a reexamination proceeding. Key points about time…
Read MoreWhat are the rules for extending time in inter partes reexamination?
The rules for extending time in inter partes reexamination are governed by 37 CFR 1.956. Key points include: Extensions are granted only for sufficient cause and for a reasonable time. Requests must be filed on or before the day action is due. Filing a request does not automatically grant an extension. Requests must be accompanied…
Read MoreWhat are the service requirements for inter partes reexamination proceedings?
In inter partes reexamination proceedings, service of papers is governed by 37 CFR 1.903. The key requirements are: Any document filed by either the patent owner or the third party requester must be served on every other party in the reexamination proceeding. Service must be done in the manner provided in 37 CFR 1.248. Documents…
Read MoreWhat 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 happens after the patent owner responds and third party comments in an inter partes reexamination?
After the patent owner responds and any third party comments are received, the patent under reexamination is reconsidered. The MPEP states: “The patent owner and the third party requester will be notified as to any claims rejected, any claims found patentable and any objections or requirements made.” This process continues until the examiner determines the…
Read MoreWhat are the time periods for response in an inter partes reexamination proceeding?
The time periods for response in an inter partes reexamination proceeding vary depending on the stage of the process. Here are some key timeframes: After a non-Action Closing Prosecution (non-ACP) Office action: The patent owner typically has two months to respond. After an Action Closing Prosecution (ACP): The patent owner usually has 30 days or…
Read MoreWhat is the significance of September 16, 2012, for inter partes reexamination requests?
September 16, 2012, marks a critical date for inter partes reexamination requests. According to the MPEP, “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This means that the inter partes reexamination process was discontinued after this date, and patent challengers must use other procedures to contest the validity…
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:…
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