Why was inter partes reexamination discontinued?
The discontinuation of inter partes reexamination was part of the broader patent reform implemented by the America Invents Act (AIA). While MPEP 2629 doesn’t provide the specific reasons, the change was made to improve the efficiency and effectiveness of patent review processes. The new inter partes review procedure conducted by the PTAB was designed to…
Read MoreHow does the America Invents Act (AIA) relate to derivation proceedings?
The America Invents Act (AIA) plays a crucial role in the context of derivation proceedings. According to MPEP 2310: “Derivation proceedings are only applicable to applications for patent, and any patent issuing thereon that are subject to first-inventor-to-file provisions of the America Invents Act (AIA).” This means that: Derivation proceedings are a direct result of…
Read MoreHow did the America Invents Act (AIA) affect ex parte reexamination?
The Leahy-Smith America Invents Act (AIA), enacted on September 16, 2012, made several significant changes to ex parte reexamination: Expanded the scope of citable information to include patent owner statements filed in federal court or USPTO proceedings. Introduced estoppel provisions related to inter partes review and post-grant review. Established a first-inventor-to-file prior art regime, replacing…
Read MoreHow did the America Invents Act (AIA) change who can be a patent applicant?
The America Invents Act (AIA) significantly changed who can be considered a patent applicant for applications filed on or after September 16, 2012. MPEP § 605 outlines these changes: “Effective September 16, 2012, the Office revised the rules of practice to permit a person to whom the inventor has assigned or is under an obligation…
Read MoreWhat changed for patent applications filed on or after September 16, 2012?
The MPEP 409.03(g) section on proof of irreparable damage is not applicable to patent applications filed on or after September 16, 2012. This change is due to the implementation of the America Invents Act (AIA), which brought significant reforms to the U.S. patent system. Key changes include: Transition from a ‘first-to-invent’ to a ‘first-inventor-to-file’ system…
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