What are the service requirements for inter partes reexamination proceedings?
In inter partes reexamination proceedings, service of papers is governed by 37 CFR 1.903. The key requirements are: Any document filed by either the patent owner or the third party requester must be served on every other party in the reexamination proceeding. Service must be done in the manner provided in 37 CFR 1.248. Documents…
Read MoreWhat is the significance of September 16, 2012, for inter partes reexamination?
September 16, 2012, marks a crucial date for inter partes reexamination in patent law. According to MPEP 2620, “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This change effectively ended the practice of inter partes reexamination, which was replaced by inter partes review under the America Invents Act.…
Read MoreWhat is the significance of September 16, 2012, for inter partes reexamination requests?
September 16, 2012, marks a critical date for inter partes reexamination requests. According to the MPEP, “No requests for inter partes reexamination may be filed on or after September 16, 2012.” This means that the inter partes reexamination process was discontinued after this date, and patent challengers must use other procedures to contest the validity…
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 MoreCan I still file a request for inter partes reexamination?
No, requests for inter partes reexamination are no longer accepted. According to MPEP 2631, “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. For information on the former practice of…
Read MoreIs there a refund if an inter partes reexamination request is denied?
Yes, there is a partial refund available if an inter partes reexamination request is denied. According to MPEP 2648: “After the time for petition has expired (without a petition being filed), or a petition has been filed and the decision affirms the denial of the request, a partial refund of the filing fee for the…
Read MoreCan the decision on a petition for inter partes reexamination be appealed?
No, the decision on a petition for inter partes reexamination cannot be appealed. According to MPEP 2648: “This decision is final and nonappealable. See 35 U.S.C. 312(c) and 37 CFR 1.927. No further communication on this matter will be acknowledged or considered.” This means that once the CRU Director has made a decision on the…
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 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 happens if litigation is pending when the inter partes reexamination certificate is to be issued?
What happens if litigation is pending when the inter partes reexamination certificate is to be issued? If litigation is pending when the inter partes reexamination certificate is to be issued, the USPTO takes specific steps to ensure proper handling. According to MPEP 2688: “If the reexamination proceeding is ready for issuance of a certificate, but…
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