What is the timeline for filing an inter partes reexamination request?
What is the timeline for filing an inter partes reexamination request?
An inter partes reexamination request can be filed at any time during the enforceability of a patent. The MPEP states: “An inter partes reexamination can be filed at any time during the enforceability of a patent.” (MPEP 2611) This means that a request can be submitted as long as the patent is still in force and has not expired. However, it’s important to note that inter partes reexamination was replaced by inter partes review for patents with an effective filing date on or after September 16, 2012.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2654 - Conduct Of Inter Partes Reexamination Proceedings,
Patent Law,
Patent Procedure