Inter Partes Reexamination Mechanics and Results

Eugene T. Perez, Gerald M. Murphy, Jr. & Leonard S. Svennson

The Creation of the Inter Partes Reexamination Procedure and Goals Thereof
Reexamination is a procedure established by statute which permits the USPTO to reconsider the patentability of the claims in the issued patent in view of prior art which was not considered in the original prosecution of the application. The reexamination statute was amended on November 29, 1999 by Public Law 106-113. Public Law 106-113 authorized the extension of reexamination proceedings via an optional inter partes reexamination procedure in addition to the existing ex parte reexamination procedure. The final rules to implement the statutory inter partes reexamination option was published in the Federal Register on December 7, 2000 and in the Official Gazette on January 2, 2001.

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