How does the certification regarding statutory estoppel affect ex parte reexamination requests?

The certification regarding statutory estoppel is a requirement for third-party requesters filing ex parte reexamination requests. As stated in the MPEP: “37 CFR 1.510(b)(6) requires that the request contain a certification by the third party requester that the statutory estoppel provisions of inter partes review and post grant review do not bar the third party…

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What 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…

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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…

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What replaced inter partes reexamination?

Inter partes reexamination was replaced by inter partes review (IPR) as part of the America Invents Act (AIA). While not explicitly stated in MPEP 2627, the section notes that inter partes reexamination requests were discontinued after September 16, 2012. This date coincides with the implementation of IPR, which offers a similar but more streamlined process…

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How does the discontinuation of inter partes reexamination affect patent challenges?

The discontinuation of inter partes reexamination, as noted in MPEP 2620, significantly changed the landscape of patent challenges. The MPEP states: “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change means that parties seeking to challenge a patent’s validity must now use other procedures, such as inter…

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