35 U.S.C. 311 (pre-AIA): Request for inter partes reexamination

Taken from the 9th Edition of the MPEP, Revision 07.2022, Published February 2023

Current Pre-AIA AIA Redline

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35 U.S.C. 311 (pre-AIA) Request for inter partes reexamination.

[Editor Note: Applicable only to a request for inter partes reexamination filed prior to September 16, 2012.]

  • (a) IN GENERAL.— Any third-party requester at any time may file a request for inter partes reexamination by the Office of a patent on the basis of any prior art cited under the provisions of section 301.
  • (b) REQUIREMENTS.— The request shall—
    • (1) be in writing, include the identity of the real party in interest, and be accompanied by payment of an inter partes reexamination fee established by the Director under section 41; and
    • (2) set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested.
  • (c) COPY.— The Director promptly shall send a copy of the request to the owner of record of the patent.

(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4604(a)); subsections (a) and (c) amended Nov. 2, 2002, Public Law 107-273, sec. 13202, 116 Stat. 1901.)