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The inter partes review procedure was enacted on September 16, 2012 as part of the America Invents Act. [1] It replaced a previous review procedure called inter partes reexamination, which in turn stemmed from ex parte reexamination proceedings.
Ex parte reexaminations are initiated by members of the public, but once said members submit their request, they no longer actively participate in the proceedings. The correspondence is strictly between the examiner and the patent owner. The fee for filing a request for an ex parte reexamination is $6,000 as of January 16, 2018. [7]
The Act revised and expanded post-grant opposition procedures. The Act retained existing ex parte reexamination; [6] added preissuance submissions by third parties; [7] expanded inter partes reexamination, which was renamed inter partes review; [8] and added post-grant review. [9]
US Congress established an inter partes reexamination to allow the USPTO to review validity of issued patents with participation of third party challengers. However, just like the ex parte reexamination introduced earlier, this process failed to gain popularity, in part due to being slow and to barring subsequent civil litigation. 2006. In eBay v.
2200, Citation of Prior Art and Ex Parte Reexamination of Patents; 2300, Interference Proceedings; 2400, Biotechnology; 2500, Maintenance Fees; 2600, Optional Inter Partes Reexamination; 2700, Patent Terms and Extensions; 2800, Supplemental Examination; 2900, International Design Applications; Appendix I, Partial List of Trademarks'
In law, inter partes (Law Latin for 'between the parties' [1]) is a legal term that can be distinguished from in rem, which refers to a legal action whose jurisdiction is based on the control of property, or ex parte, which refers to a legal action that is by a single party.
The Patent Trial and Appeal Board (PTAB) is an administrative law body of the United States Patent and Trademark Office (USPTO) which decides issues of patentability.It was formed on September 16, 2012, as one part of the America Invents Act.
In law, ex parte (/ ɛ k s ˈ p ɑːr t eɪ,-iː /) is a Latin term meaning literally "from/out of the party/faction [1] of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.