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…
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 MoreWhat 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…
Read MoreWhat are the Applicability Date Provisions for the First Inventor To File System?
The Applicability Date Provisions for the First Inventor To File System are outlined in MPEP 2159. These provisions determine whether an application is subject to the America Invents Act (AIA) or pre-AIA laws. According to MPEP 2159: “Because the changes to 35 U.S.C. 102 and 35 U.S.C. 103 in the AIA apply only to specific…
Read MoreWhen did excess claims fees become applicable in reexamination proceedings?
Excess claims fees became applicable in reexamination proceedings on December 8, 2004. The MPEP 2666.04 states: “The excess claims fees specified in 37 CFR 1.20(c) apply to all patents eligible for inter partes reexamination. The fees must be submitted for any excess claims presented in a reexamination proceeding on or after December 8, 2004 (no…
Read MoreHow does the America Invents Act (AIA) affect the best mode requirement in patent law?
The America Invents Act (AIA) significantly changed the role of the best mode requirement in patent law. While the requirement to disclose the best mode still exists, the AIA limited its enforceability. As stated in MPEP 2165.02: “The Leahy-Smith America Invents Act (AIA) amended 35 U.S.C. 282 to provide that the failure to disclose the…
Read MoreWhat 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…
Read MoreHow does the AIA’s public use provision differ from pre-AIA law?
The AIA’s public use provision under 35 U.S.C. 102(a)(1) differs from pre-AIA law in several key aspects: Geographic Scope: AIA removed the “in this country” limitation, making public uses anywhere in the world relevant. Timing: AIA focuses on the effective filing date, while pre-AIA used a critical date one year prior to the U.S. application…
Read MoreWhat 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…
Read MoreHow 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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