• Both parties must serve each other with documents filed in the proceeding, but there is no discovery and witnesses are not examined. Either party may appeal the PTO’s final decision on patentability. Inter partes reexamination is available to patents that issue from original applications that were filed on or after November 29, 1999. See 35 USCA §§ 311–318. Cf. ex parte reexamination. [Cases: Patents 140. C.J.S. Patents § 251.]
inter partes reexamination
A reexamination procedure, created in 1999, that allows a challenger to initiate a review by producing prior art, to respond to a patentee’s statements regarding the new prior art, to address the patentee’s responses to any office actions, and to request a hearing.
