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Changes to Reexamination Under the America Invents Act



By Matthew C. Phillips and Kevin B. Laurence of Stoel Rives LLP

 


Much has been and will be written about the new review and supplemental examination proceedings established by the America Invents Act (AIA). Our May 2010 article introduced post-grant and inter partes review, as those proceedings were contemplated in the Senate’s 2010 version of patent reform legislation, 1 and our June 2010 article did the same for supplemental examination.2 The AIA puts those three new proceedings plus a temporarily available proceeding for challenging business method patents into effect on September 16, 2012, and we will write more about them in future articles here as the PTO promulgates rules to implement those new proceedings.

In the meantime, the AIA has also made important changes to reexamination, and those changes generally went into effect on September 16 of this year. This article discusses those changes.

THE FINAL YEAR FOR INTER PARTES REEXAMINATION

Sunsetting - A Requiem for Inter Partes Reexamination

The AIA marks the beginning of the end of inter partes reexamination. Requests for inter partes reexamination filed on or after September 16, 2012 will not be recognized by the PTO.3 On ...

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