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What is the difference between ex parte and inter partes reexamination?

Inter partes reexamination differs from ex parte reexamination in matters of procedure, such as when the third party requester can participate, the types of Office actions and the timing of issuance of the Office actions, and the requirement for identification of the real party in interest.

What is the difference between ex parte reexam and IPR?

While an ex parte reexamination can review grounds based on obviousness-type double patenting, IPRs and PGRs cannot since they are limited to statutory defenses of invalidity.

What is streamlined ex parte reexamination?

A. streamlined reexamination request is a request that has forty (40) or fewer pages and meets. other format requirements. This reexamination filing option was created to make it financially less burdensome for requesters with limited resources.

What are the statistics for ex parte reexamination?

For the last five years of data from 2017 to 2021, ex parte reexamination request grant rates have averaged 95%. On the other hand, IPR institution rates for the last five years of data from 2017 to 2021 have averaged 60%, had a high of 87% in 2013, and were 59% in 2021.

How long does ex parte reexamination take?

The USPTO aims to have ex parte reexamination completed in a timeline of fewer than two years. Month 0 - A request for an ex parte reexamination is made. Month 3 - The central reexamination unit needs to decide whether they will grant or deny the request within three months of the request being made.

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What are the statistics for ex parte reexamination?

For the last five years of data from 2017 to 2021, ex parte reexamination request grant rates have averaged 95%. On the other hand, IPR institution rates for the last five years of data from 2017 to 2021 have averaged 60%, had a high of 87% in 2013, and were 59% in 2021.

What is an inter partes procedure?

Inter partes review is a new trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under 102 or 103, and only on the basis of prior art consisting of patents or printed publications.

What is the difference between inter partes reexamination and ex parte reexamination?

Inter partes reexamination differs from ex parte reexamination in matters of procedure, such as when the third party requester can participate, the types of Office actions and the timing of issuance of the Office actions, and the requirement for identification of the real party in interest.

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