What is the standard for granting an inter partes reexamination request?
The standard for granting an inter partes reexamination request depends on when the request was filed: For requests filed prior to September 16, 2011: A substantial new question of patentability must be raised. For requests filed on or after September 16, 2011: There must be a reasonable likelihood that the requester will prevail with respect…
Read MoreWhat is the timeframe for the Director to make a determination on an inter partes reexamination request?
According to 35 U.S.C. 312, the Director must make a determination on an inter partes reexamination request within 3 months of the filing date. The MPEP states: “35 U.S.C. 312 requires that the Director of the Office determine whether or not a ‘substantial new question of patentability’ affecting any claim of the patent of which…
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