What 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…

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What 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…

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What is the significance of the America Invents Act (AIA) in determining which version of 35 U.S.C. 102 to apply?

The America Invents Act (AIA) introduced significant changes to U.S. patent law, particularly regarding the application of 35 U.S.C. 102. According to MPEP 2139.02: “The America Invents Act (AIA) revised 35 U.S.C. 102 and thereby, the provisions that govern which version of 35 U.S.C. 102 to apply to any particular application or patent.” This means…

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What are the main differences between AIA and pre-AIA patent laws?

The America Invents Act (AIA) introduced significant changes to U.S. patent law. While MPEP 2159 focuses on the applicability of these changes, it’s important to understand the main differences between AIA and pre-AIA laws: First-Inventor-to-File vs. First-to-Invent: AIA introduced the first-inventor-to-file system, replacing the pre-AIA first-to-invent system. Prior Art: AIA expanded the definition of prior…

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How did the America Invents Act (AIA) affect prior art citations in inter partes reexamination?

The Leahy-Smith America Invents Act (AIA) introduced new provisions for submitting information in patent proceedings, but it did not significantly alter the process for prior art citations in inter partes reexamination. According to MPEP 2602: “The Leahy-Smith America Invents Act (the AIA), Public Law 112-29, 125 Stat. 284, enacted September 16, 2011, provided, under 35…

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