Requesting Inter Partes Reexaminations Under AIA

Law360, New York (January 12, 2012, 12:30 PM EST) -- The Leahy-Smith America Invents Act replaces the prior “substantial new question of patentability” (SNQ) standard for granting requests for inter partes reexamination with the new “reasonable likelihood to prevail” (RLP) standard. The change took effect on Sept. 16, 2011, and is in place until Sept. 12, 2012. This article compares aspects of granted inter partes reexamination petitions under the RLP standard with reexaminations granted under the SNQ standard.

Under the AIA, a request for inter partes reexamination will not be granted unless the information presented in...
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