35 U.S.C. 311 (note): Inter partes review applicability provisions

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

Current Pre-AIA AIA Redline

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35 U.S.C. 311 (note)   Inter partes review applicability provisions.

The post-grant review provisions of the Leahy-Smith America Invents Act (AIA) apply only to proceedings commenced on or after Sept. 16, 2012, except that— (1) the extension of jurisdiction to the United States Court of Appeals for the Federal Circuit to entertain appeals of decisions of the Patent Trial and Appeal Board in reexaminations under the amendment made by subsection (c)(2) of the AIA shall be deemed to take effect on Sept. 16, 2011 and shall extend to any decision of the Board of Patent Appeals and Interferences with respect to a reexamination that is entered before, on, or after Sept. 16, 2011;

(2) the provisions of 35 U.S.C. 6 (pre‑AIA), 134 (pre‑AIA), and 141 (pre‑AIA) as in effect on Sept. 15, 2012 shall continue to apply to inter partes reexaminations that are requested under 35 U.S.C. 311 (pre‑AIA) before Sept. 16, 2012;

(3) the Patent Trial and Appeal Board may be deemed to be the Board of Patent Appeals and Interferences for purposes of appeals of inter partes reexaminations that are requested under 35 U.S.C. 311 (pre‑AIA) before Sept. 16, 2012; and

(4) the Director’s right under the fourth sentence of 35 U.S.C. 143, to intervene in an appeal from a decision entered by the Patent Trial and Appeal Board shall be deemed to extend to inter partes reexaminations that are requested under 35 U.S.C. 311 before Sept. 16, 2012.

(Sept. 16, 2011, Public Law 112-29, sec. 7(e) (effective Sept. 16, 2012), 125 Stat. 284.)