English
Attacking Patent Holder Declaration Evidence via Reexamination
It is well established that patent reexamination is limited in scope, by statutory definition, to unpatentability issues presented by patents and printed publications. In other words, invalidity and/or unenforceability issues relating to inequitable conduct, public use or sale[1], subject matter eligibility, enablement and best mode are generally[2] outside the scope of patent reexamination (See 37 C.F.R. §§1.552 & 1.906). Yet, a little known exception to these bright line rules exists with respect to previously submitted declaration evidence; an exception that has recently been narrowed even further.
MPEP 2258.01, in its current form, describes the right of a third party to attack the sufficiency of original prosecution declaration evidence as a basis for a reexamination request Read the rest of this entry »
