2601 Introduction [R-01.2024]

The optional inter partes reexamination procedure was added to the existing ex parte reexamination procedure on November 29, 1999 in the American Inventors Protection Act of 1999 (the AIPA), Public Law 106-113, app. I, title IV, 113 Stat. 1501, 1501A-552 through 1501A-591. Sections 311 – 318 of title 35 of the United States Code were added by the AIPA and were subsequently amended on November 2, 2002 by Public Law 107-273, div. C, title III, subtitles A and B, 116 Stat. 1758, 1899 through 1906. The Leahy-Smith America Invents Act (the AIA), Public Law 112-29, 125 Stat. 284, was enacted on September 16, 2011 and replaced the optional inter partes reexamination procedure with the inter partes review process. Pursuant to the AIA, the Office does not accept requests for inter partes reexamination filed on or after September 16, 2012 (see 37 CFR 1.913(b)), but instead accepts petitions to conduct inter partes review. For any inter partes reexamination filed prior to September 16, 2012, the provisions of 35 U.S.C. 311 – 35 U.S.C. 318 as they were in effect prior to September 16, 2012 continue to apply to the inter partes reexamination proceedings.

Guidance on the optional inter partes reexamination procedure is no longer being reproduced in the Manual of Patent Examining Procedure (MPEP). For more information on the former practice, see revision 07.2022 of the 9^th Edition of the MPEP.

The ex parte reexamination option is still available. See MPEP §§ 2209 to 2296 for guidance on the procedures for ex parte reexamination proceedings.

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