Can inter partes reexamination be requested for any patent?
No, inter partes reexamination is not available for all patents. According to the MPEP, “For a patent issued from an application filed prior to November 29, 1999, the statutory inter partes reexamination option is not available, only the ex parte reexamination is available as a reexamination option.” This limitation was due to the effective date of the American Inventors Protection Act of 1999, which introduced the inter partes reexamination procedure. For patents issued from applications filed on or after November 29, 1999, inter partes reexamination was an option until it was replaced by inter partes review in 2012.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2601 - Introduction,
Patent Law,
Patent Procedure