Proceedings guide

Inter Partes Reexamination (Historical)

Inter partes reexamination was an optional USPTO procedure, created in 1999, in which a third-party requester could participate throughout the reexamination. The America Invents Act replaced it with inter partes review on September 16, 2012. New requests can no longer be filed; this page explains the history for readers meeting it in older decisions.

Key Facts

Status
Closed to new requests
Ended
September 16, 2012
Replaced by
Inter partes review
Created
1999 (American Inventors Protection Act)
On this page
  1. What it was
  2. What happened to it
  3. Why you still see it

What it was

Optional inter partes reexamination let a third-party requester take part in the proceeding: the requester could comment on each patent owner response and appeal adverse determinations. It applied to patents issued from applications filed on or after November 29, 1999, and was limited to patents and printed publications.

What happened to it

The America Invents Act (2011) replaced inter partes reexamination with inter partes review, effective September 16, 2012. Requests filed before that date continued under the old rules; no new requests are accepted.

Why you still see it

Decisions, treatises and older articles discuss it, and some cases involving reexamination estoppel turn on it. When you meet the term, the modern counterparts are:

The comparison chart shows the current options side by side.

Primary Sources

  1. MPEP Chapter 2600 (Optional inter partes reexamination)
  2. Leahy-Smith America Invents Act, Pub. L. 112-29

Educational information; not legal advice. Statutes, rules and USPTO practice change. Confirm against the primary sources and consult a registered patent practitioner before acting. Disclaimer.