Why were inter partes reexamination requests discontinued?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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 requests were discontinued as part of the changes implemented by the America Invents Act (AIA). While MPEP Section 2619 doesn’t explicitly state the reason, it notes:
“No requests for inter partes reexamination may be filed on or after September 16, 2012.”
This change was made to streamline patent challenge procedures and replace inter partes reexamination with the more efficient inter partes review process conducted by the Patent Trial and Appeal Board (PTAB).
Topics:
MPEP 2600 - Optional Inter Partes Reexamination
MPEP 2619 - Copy Of Printed Patent
Patent Law
Patent Procedure