http://www.patentspostgrant.com/lang/en/2009/12/in-re-troll-busters-beware-failure-to-disclose-real-party-in-interest-when-filing-an-inter-partes-reexamination Patents Post Grant is the leading legal blog, providing daily insight into patent reexamination, patent reissue and post grant review strategies. Sat, 04 Feb 2012 04:51:43 -0600 http://wordpress.org/?v=2.8.5 hourly 1 http://www.patentspostgrant.com/lang/en/2009/12/in-re-troll-busters-beware-failure-to-disclose-real-party-in-interest-when-filing-an-inter-partes-reexamination/comment-page-1#comment-10 Chico Gholz Wed, 09 Dec 2009 15:22:50 +0000 http://www.patentspostgrant.com/?p=527#comment-10 We have a similar problem in interferences. 37 CFR 41.8(a) requires an interferent to identify its "real party-in-interest." However, SO 8.1, entitled "Real party-in-interest," requires interferents to "file as a separate paper a notice of any and all right, title, or interest in any application or patent involved in the ... [interference]" Obviously, the BPAI doesnt think that a "real party-in-interest" must have title to its application or patent in interference for 37 CFR 41.8(a) to apply. However. to date it is far from clear what exactly is required for 37 CFR 41.8(a) to apply. See generally Gholz and Wilcox, "What Does 'Any and All Right, Title, or Interest' Mean?," 14 Intellectual Property Today No. 5 at page 16 (2007). We have a similar problem in interferences. 37 CFR 41.8(a) requires an interferent to identify its “real party-in-interest.” However, SO 8.1, entitled “Real party-in-interest,” requires interferents to “file as a separate paper a notice of any and all right, title, or interest in any application or patent involved in the … [interference]” Obviously, the BPAI doesnt think that a “real party-in-interest” must have title to its application or patent in interference for 37 CFR 41.8(a) to apply. However. to date it is far from clear what exactly is required for 37 CFR 41.8(a) to apply. See generally Gholz and Wilcox, “What Does ‘Any and All Right, Title, or Interest’ Mean?,” 14 Intellectual Property Today No. 5 at page 16 (2007).

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