Inter partes
Encyclopedia
The term inter partes is the Latin
for "between the parties." It can be distinguished from in rem
, referring to a legal action whose jurisdiction is based the control of property, or ex parte
referring to a legal action that is by a single party.
Lawsuit
s where all interested parties
have been served with adequate notices and are given a reasonable opportunity to attend and to be heard are referred to as inter partes proceedings or hearings. When a judgment is given, subject to any right of appeal, it would be inconvenient if the same issues could be endlessly relitigated by the same parties, so they are all bound by the result. However, anyone who was not a party to those proceedings and who can demonstrate a legitimate interest in reopening the issue, is entitled to petition the court
for the right to be heard. However, in some circumstances, the judgment is given in rem, i.e. it binds everyone whether they were a party to the case or not.
Contract
s can also be said to be inter partes and various laws can be relied upon to create and vest rights which exist on an inter partes basis only, i.e. they do not attach as an attribute to a person's status
and so become in rem rights.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for "between the parties." It can be distinguished from in rem
In rem
In rem is Latin for "against a thing." In a lawsuit, an action in rem is directed towards a piece of property rather than against a person . The action disputes or seeks to transfer title to property. When title to real estate In rem is Latin for "against a thing." In a lawsuit, an action in rem...
, referring to a legal action whose jurisdiction is based the control of property, or ex parte
Ex parte
Ex parte is a Latin legal term meaning "from one party" .An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. In Australian, Canadian, U.K., Indian and U.S...
referring to a legal action that is by a single party.
Lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s where all interested parties
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
have been served with adequate notices and are given a reasonable opportunity to attend and to be heard are referred to as inter partes proceedings or hearings. When a judgment is given, subject to any right of appeal, it would be inconvenient if the same issues could be endlessly relitigated by the same parties, so they are all bound by the result. However, anyone who was not a party to those proceedings and who can demonstrate a legitimate interest in reopening the issue, is entitled to petition the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
for the right to be heard. However, in some circumstances, the judgment is given in rem, i.e. it binds everyone whether they were a party to the case or not.
Contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s can also be said to be inter partes and various laws can be relied upon to create and vest rights which exist on an inter partes basis only, i.e. they do not attach as an attribute to a person's status
Status (law)
A person's status is a set of social conditions or relationships created and vested in an individual by an act of law rather than by the consensual acts of the parties, and it is in rem, i.e. these conditions must be recognised by the world. It is the qualities of universality and permanence that...
and so become in rem rights.
Examples
- Opposition procedure before the European Patent OfficeOpposition procedure before the European Patent OfficeThe opposition procedure before the European Patent Office is a post-grant, contentious, inter partes, administrative procedure intended to allow any European patent to be centrally opposed...
- Interference proceedingInterference proceedingAn interference proceeding, also known as priority contest, is an inter partes proceeding to determine the priority issues of multiple patent applications. It is a unique procedure in the patent law of the United States. Unlike in most other countries which have adopted the first-to-file system,...
(US patent law) - Inter partes reexamination in US patent lawReexaminationIn United States patent law, a reexamination is a process whereby a third party or inventor can have a patent reexamined by a patent examiner to verify that the subject matter it claims is patentable...
- Trademark Trial and Appeal BoardTrademark Trial and Appeal BoardThe Trademark Trial and Appeal Board is a body within the United States Patent and Trademark Office responsible for hearing and deciding certain kinds of cases involving trademarks. These include appeals from decisions by USPTO Examiners denying registration of marks, and opposition proceedings...
Petitions