What are the basic characteristics of inter partes reexamination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Inter partes reexamination has several key characteristics as outlined in MPEP 2609:

• It could be requested by any third party before September 16, 2012, during the enforceability period of eligible patents.
• Prior art is limited to patents or printed publications under 35 U.S.C. 102 and 103.
• A specific standard must be met for reexamination to be ordered.
• The proceeding is inter partes in nature, allowing third-party participation.
• Decisions and proceedings must be conducted with “special dispatch.”
• Patent claim scope cannot be enlarged during reexamination.
• Reexamination files are publicly accessible, with certain exceptions.

The MPEP states: The basic characteristics of inter partes reexamination are as follows: (A) Any third party requester, prior to September 16, 2012, can request inter partes reexamination at any time during the period of enforceability of the patent (for a patent issued from an original application filed on or after November 29, 1999);