What is the applicability of the inter partes reexamination procedure described in MPEP 2661?

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.

The inter partes reexamination procedure described in MPEP 2661 is specifically applicable to requests filed before September 16, 2012. This is clearly stated in the editor’s note at the beginning of the section:

“[Editor Note: Applicable only to a request for inter partes reexamination filed prior to September 16, 2012]”

This limitation is important because the America Invents Act (AIA) replaced inter partes reexamination with inter partes review for requests filed on or after September 16, 2012. Therefore, patent practitioners and examiners must be aware of the filing date when determining which procedures apply to a particular case.