Inter partes reexamination

This is more true for the inter partes reexamination procedure, which will be discussed shortly. 

FIGURE 2.14 Ex partes and inter partes reexamination requests by year. 

The term ex parte is Latin legalese for on one side only (Black s Law Dictionary, 6th ed.). In the context of this discussion, it means that the actual reexamination process, once begun, is conducted between the patent holder and the USPTO only. This is in contrast to the inter partes proceeding that to a much greater extent involves the party requesting the reexamination as well as the holder of the patent and the USPTO. While an ex parte reexamination can be initiated by the patent holder, an inter partes action cannot since there would be no other party to occupy the other side. The ex parte reexamination procedure is described in detail in Chapter 2200 of the MPEP. 

The reexamination requestor in the inter partes proceeding (discussed in the next section) has the right to appeal adverse decisions. 

Inter partes patent reexamination proceedings were added to the federal patent laws in 1999, and although significantly lagging the number ex parte reexamination requests, the growth rate in applications is impressive (Figure 2.14). 

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