MPEP 2600 – Inter Partes Re-examination

This Inter Parte Reexamination procedure is being phased out through the America Invents Act. Replacing this procedure is two new procedure called the Post Grant Review and the Inter Parte Review. The America invents act section 6 establishes a one-year time period in which inter partes re-examination is utilized with a different threshold for granting the examination. Previous inter partes re-examination required a substantial new question of patentability to initiate the inter partes re-examination. With the new inter partes review the requester must only show a reasonable likelihood that they will prevail with respect to at least one claim in the challenged patent. The effective date of the new procedures was September 16th, 2012.

Back to: Passing the Patent Bar – On-Line Guide