35 U.S.C. 313 Inter partes reexamination order by Director.
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, Leahy-Smith America Invents Act, Public Law 112-29, sec. 6(c)(3), 125 Stat. 284.)
[*Begin Editor's Note: 35 U.S.C. 313 Transition provision (Sept. 16, 2011)]
Pursuant to the Leahy-Smith America Invents Act, Public Law 112-29, sec. 6(c), 125 Stat. 284, the provisions of 35 U.S.C. 313 as set forth above shall apply to requests for inter partes reexamination that are filed on or after Sept. 16, 2011, but before Sept. 16, 2012.
[*End Editor's Note: 35 U.S.C. 313 Transition provision (Sept. 16, 2011)]