What was the standard for granting an inter partes reexamination request?
The standard for granting an inter partes reexamination request changed over time. Initially, under 35 U.S.C. 312(a), the standard was whether “a substantial new question of patentability affecting any claim of the patent concerned is raised by the request,” known as the SNQ standard. However, during the one-year transition period (September 16, 2011 to September…
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 happens if a derivation proceeding is not instituted?
If a derivation proceeding is not instituted, the petitioner has options for further action. According to MPEP 2310: “If the Director decides not to institute a derivation proceeding, a notice of non-institution will be sent to the petitioner and the patent owner, as applicable.“ In this case: The petitioner may request a rehearing within 30…
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