What is the time frame for inter partes reexamination proceedings?

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 proceedings are designed to be conducted with “special dispatch” to ensure timely resolution. According to MPEP 2609:

Decision on the request must be made not later than three months from its filing date, and the remainder of proceedings must proceed with “special dispatch” within the Office;

This means that the USPTO must decide whether to grant the reexamination request within three months of its filing. If granted, the subsequent proceedings are conducted with priority to ensure a swift conclusion. The emphasis on “special dispatch” underscores the USPTO’s commitment to efficient processing of these requests.