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Manual of Patent Examining Procedure - MPEP35 U.S.C. 311 Request for inter partes reexamination - Patent Laws35 U.S.C. 311 Request for inter partes reexamination
(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.) |