How does the discontinuation of inter partes reexamination affect patent challenges?
The discontinuation of inter partes reexamination, as noted in MPEP 2620, significantly changed the landscape of patent challenges. The MPEP states:
“No requests for inter partes reexamination may be filed on or after September 16, 2012.”
This change means that parties seeking to challenge a patent’s validity must now use other procedures, such as inter partes review (IPR) or post-grant review (PGR). These new procedures are generally considered to be faster and more efficient than the former inter partes reexamination, offering different strategic considerations for patent challengers and patent owners alike.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2620 - Certificate Of Service,
Patent Law,
Patent Procedure