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An inter partes review is used to challenge the patentability of one or more claims in a U.S. patent only on a ground that could be raised under 35 U.S.C. §§ 102 or 103 (non-obviousness), and only on the basis of prior art consisting of patents or printed publications. [3]
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).
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]
Because of the enormous costs and long pendency of inter partes review, the grant of a stay in a copending infringement suit could effectively be "game over" for the patent owner. [46] Post Grant Review is available only if the challenger has not already initiated a civil action in District Court. Post Grant Review proceedings are to be ...
The patent, however, may not be amended in such a manner that the amendment would lead to an extension of the protection conferred by the patent. [32] If amendments are made to the patent during the opposition proceedings, the patent (and the invention to which it relates) must meet the requirements of the EPC.
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]