When was inter partes reexamination replaced by inter partes review?
Inter partes reexamination was replaced by inter partes review on September 16, 2012, as a result of the Leahy-Smith America Invents Act (AIA). The MPEP states: “Section 6(c) of the AIA replaced the inter partes reexamination process, effective September 16, 2012, with a new inter partes review process, such that on or after September 16,…
Read MoreHow 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…
Read MoreAre there any restrictions on who can file for ex parte reexamination?
Yes, there is one specific restriction mentioned in MPEP 2212: “The only ‘person’ who is barred from filing a request for ex parte reexamination of a patent under 35 U.S.C. 302 is one who is barred from doing so by the estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) based on inter…
Read MoreWhat 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…
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?
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…
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…
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 MoreWhat happened to inter partes reexamination under the America Invents Act?
The America Invents Act (AIA) replaced the inter partes reexamination process with inter partes review. According to the MPEP: “Effective September 16, 2012, section 6(c) of the Leahy-Smith America Invents Act (the AIA), Public Law 112-29, 125 Stat. 284, replaced the inter partes reexamination process that was established by the AIPA with an inter partes…
Read MoreHow 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…
Read More