What legislative acts have significantly impacted inter partes reexamination?

Several legislative acts have had significant impacts on inter partes reexamination:

  • The American Inventors Protection Act of 1999 (AIPA): Introduced inter partes reexamination.
  • Public Law 107-273 (2002): Expanded the scope of what qualifies for a substantial new question of patentability and expanded third-party requester’s appeal rights.
  • The Leahy-Smith America Invents Act (AIA) of 2011: Replaced inter partes reexamination with inter partes review.

The MPEP notes: “The reexamination statute was amended on November 29, 1999 by the American Inventors Protection Act of 1999 (the AIPA), Public Law 106-113.” It further states, “The Leahy-Smith America Invents Act (the AIA), Public Law 112-29, 125 Stat. 284, was enacted September 16, 2011. Section 6(c) of the AIA replaced the inter partes reexamination process, effective September 16, 2012, with a new inter partes review process.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2601 - Introduction, Patent Law, Patent Procedure
Tags: AIA, aipa, inter partes reexamination, inter partes review, Patent Law Amendments