35 U.S.C. 313 (transitional): Inter partes reexamination order by Director

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

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35 U.S.C. 313 (transitional) Inter partes reexamination order by Director.

[Editor Note: Applicable to requests for inter partes reexamination filed on or after Sept. 16, 2011, but before Sept. 16, 2012.]

If, in a determination made under section 312(a), the Director finds that it has been shown that there is a reasonable likelihood that the requester would prevail with respect to at least 1 of the claims challenged in the request, the determination shall include an order for inter partes reexamination of the patent for resolution of the question. The order may be accompanied by the initial action of the Patent and Trademark Office on the merits of the inter partes reexamination conducted in accordance with section 314.

(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4604(a)); amended Sept. 16, 2011, Public Law 112-29, sec. 6(c)(3), 125 Stat. 284.)