What 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 of a patent.
For information on the previous practice, the MPEP directs readers to revision 7 of the 8th Edition of the MPEP and the Federal Register notice titled “Revision of Standard for Granting an Inter Partes Reexamination Request”.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2616 - Substantial New Question Of Patentability/Reasonable Likelihood That Requester Will Prevail,
Patent Law,
Patent Procedure