---
kind: "section"
citation: "37 C.F.R. § 1.915"
title: "37"
number: "1.915"
heading: "Content of request for inter partes reexamination."
url: "https://uscodex.org/cfr/37/1.915"
---

# §1.915. Content of request for inter partes reexamination.

- (a) The request must be accompanied by the fee for requesting inter partes reexamination set forth in [§ 1.20(c)(2)](/cfr/37/1.20.md?p=c-2).
- (b) A request for inter partes reexamination must include the following parts:
  - (1) **An identification of the patent by patent number and every claim for which reexamination is requested.**
  - (2) A citation of the patents and printed publications which are presented to provide a showing that there is a reasonable likelihood that the requester will prevail with respect to at least one of the claims challenged in the request.
  - (3) A statement pointing out, based on the cited patents and printed publications, each showing of a reasonable likelihood that the requester will prevail with respect to at least one of the claims challenged in the request, and a detailed explanation of the pertinency and manner of applying the patents and printed publications to every claim for which reexamination is requested.
  - (4) A copy of every patent or printed publication relied upon or referred to in [paragraphs (b)(1) through (3)](#b-1..b-3) of this section, accompanied by an English language translation of all the necessary and pertinent parts of any non-English language document.
  - (5) A copy of the entire patent including the front face, drawings, and specification/claims (in double column format) for which reexamination is requested, and a copy of any disclaimer, certificate of correction, or reexamination certificate issued in the patent. All copies must have each page plainly written on only one side of a sheet of paper.
  - (6) A certification by the third party requester that a copy of the request has been served in its entirety on the patent owner at the address provided for in [§ 1.33(c)](/cfr/37/1.33.md?p=c). The name and address of the party served must be indicated. If service was not possible, a duplicate copy of the request must be supplied to the Office.
  - (7) A certification by the third party requester that the estoppel provisions of [§ 1.907](/cfr/37/1.907.md) do not prohibit the inter partes reexamination.
  - (8) A statement identifying the real party in interest to the extent necessary for a subsequent person filing an inter partes reexamination request to determine whether that person is a privy.
- (c) If an inter partes request is filed by an attorney or agent identifying another party on whose behalf the request is being filed, the attorney or agent must have a power of attorney from that party or be acting in a representative capacity pursuant to [§ 1.34](/cfr/37/1.34.md).
- (d) If the inter partes request does not include the fee for requesting inter partes reexamination required by [paragraph (a)](#a) of this section and meet all the requirements of [paragraph (b)](#b) of this section, then the person identified as requesting inter partes reexamination will be so notified and will generally be given an opportunity to complete the request within a specified time. Failure to comply with the notice will result in the inter partes reexamination request not being granted a filing date, and will result in placement of the request in the patent file as a citation if it complies with the requirements of [§ 1.501](/cfr/37/1.501.md).

## Notes

### Amendments

[65 FR 76777, Dec. 7, 2000, as amended at 71 FR 9262, Feb. 23, 2006; 71 FR 44223, Aug. 4, 2006; 72 FR 18906, Apr. 16, 2007; 76 FR 59058, Sept. 23, 2011]

### Source

Source: 65 FR 76777, Dec. 7, 2000, unless otherwise noted.

### Authority

Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.

### Source

Source: 24 FR 10332, Dec. 22, 1959, unless otherwise noted.

### Amendments

[65 FR 76777, Dec. 7, 2000, as amended at 71 FR 9262, Feb. 23, 2006; 71 FR 44223, Aug. 4, 2006; 72 FR 18906, Apr. 16, 2007; 76 FR 59058, Sept. 23, 2011]