What is inter partes reexamination?
Inter partes reexamination is a process that allows any third party to request a review of a patent issued from an original application filed on or after November 29, 1999. This process was available for requests filed prior to September 16, 2012. The MPEP 2609 states: The inter partes reexamination statute and rules permit any…
Read MoreWhat is ex parte reexamination?
Ex parte reexamination is a procedure that allows any person to request a review of an issued patent at any time during its enforceability period. The process involves the United States Patent and Trademark Office (USPTO) examining the patent again to determine if there is a substantial new question of patentability. According to MPEP 2209,…
Read MoreWhat is an ex parte reexamination request?
An ex parte reexamination request is a formal petition filed with the U.S. Patent and Trademark Office (USPTO) to review the patentability of one or more claims in an existing patent. The request is based on prior art patents or printed publications and can be filed by any person during the period of enforceability of…
Read MoreWhat happens if an Office employee identifies a patent that may warrant reexamination?
If a USPTO employee identifies a patent that they believe clearly warrants reexamination, there is a specific internal process to follow. According to MPEP 2239: “If an Office employee becomes aware of an unusual fact situation in a patent which the employee considers to clearly warrant reexamination, a memorandum setting forth these facts (including a…
Read MoreWhat is the purpose of ex parte reexamination?
The purpose of ex parte reexamination is to provide a mechanism for the USPTO to review the validity of an issued patent. According to MPEP 2209, “Ex parte reexamination is a patent office proceeding which provides a complete reexamination of the patent claims on the basis of prior art patents and printed publications.” This process…
Read MoreHow many items of information can be included in a supplemental examination request?
According to MPEP 2809, each request for supplemental examination is limited to no more than twelve items of information. This limit is specified in 37 CFR 1.605(a). However, the MPEP clarifies that this limit does not prevent patent owners from obtaining review of additional items: “37 CFR 1.605(a) also permits the filing of more than…
Read MoreWhat happened to inter partes reexamination requests after September 16, 2012?
According to MPEP 2629, “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change was part of the America Invents Act (AIA) which replaced inter partes reexamination with inter partes review. The MPEP provides guidance on the former practice in earlier revisions and official notices. To learn more:…
Read MoreWhen did the USPTO stop accepting inter partes reexamination requests?
The United States Patent and Trademark Office (USPTO) stopped accepting inter partes reexamination requests on September 16, 2012. This is clearly stated in MPEP 2631: “No requests for inter partes reexamination may be filed on or after September 16, 2012.“ This change was implemented as part of the America Invents Act (AIA), which introduced new…
Read MoreWhat is the deadline for the Director to decide on an inter partes reexamination request?
The Director has a specific timeframe to make a decision on an inter partes reexamination request. According to MPEP 2640: “The reexamination proceeding is instituted by the Director within 3 months following the filing date of a request for reexamination.” This 3-month deadline ensures that decisions on reexamination requests are made in a timely manner,…
Read MoreHow can I submit an ex parte reexamination request to the USPTO?
According to MPEP 2210, there are three ways to submit an ex parte reexamination request to the USPTO: Via mail Hand-delivery The Office’s Electronic Filing System (EFS, currently EFS-Web) For electronic submission: “Both registered and unregistered eFilers may submit a request for reexamination. A request for reexamination submitted via EFS must be submitted by selecting…
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