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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.
Inter partes reexaminations were initiated by members of the public, and said members of the public then participated in the proceedings. On September 16, 2012, Leahy-Smith America Invents Act eliminated these proceedings and replaced them with two new post grant proceedings (Post-Grant Review and Inter Partes Review).
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.
Review of inter partes reexamination. Direct appeal to the Federal Circuit is the only option for judicial review in inter partes reexamination cases. [10] Additional USPTO facilities. Establishes additional USPTO satellite offices, the first to be located in Detroit, Michigan. [10] Third-party submission of prior art.
Following the grant of a patent, possible post-grant proceedings include reissue, ex parte reexamination, inter partes reexamination, inter partes review, post-grant review, supplemental examination, and post-grant validity review of business method patents. [32]
The Trial Division, handles contested cases such as Inter Partes Review, Post Grant Review, Transitional Program for Covered Business Method Patents, and Derivation Proceedings. [2] The PTAB is headed by a Chief Administrative Patent Judge, currently Scott R. Boalick. [3]
Subsequent to the Leahy–Smith America Invents Act (2011), any third party can challenge the validity of an issued patent using either post-grant review under 35 U.S.C. § 321 or inter partes review under 35 U.S.C. § 311. Both proceedings became effective September 16, 2012. [19]
An inter partes review of a patent is presented to three of the PTAB judges who make a final decision to keep or invalidate some or all claims of the patent. Any further challenge beyond this proceeds to the United States Court of Appeals for the Federal Circuit. [1]