"America Invents Act: Changing the Standard for Inter Partes Reexamination"

As part of the enactment of the Leahy Smith America Invents Act ("Act"), the standard for instituting Inter Partes Reexamination has been changed.  This change in standard was effective immediately upon enactment of the Act and applies to all requests for Inter Partes Reexamination filed on or after September 16, 2011 as well as any Inter Partes Review requested after September 16, 2012.  

This Stroock Special Bulletin discusses the new stricter standard applicable to newly-filed Inter Partes Reexaminations, and the applicability of the old standard versus the new standard.