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To Search or Not to Search (for prior art) When Contemplating Whether to Provoke an Interference
In a prior blog entry, we discussed why it is important to conduct a thorough prior art search prior to filing a request for inter partes reexamination. In short, the statutory language of 35 U.S.C. § 315(c) is intended to limit the third-party requester to a single bite at the invalidity apple. Any prior art patents and printed publications discovered after the request for reexamination is filed may be excluded as a basis for invalidity in litigation if that prior art was publicly accessible when the request for inter partes reexamination was filed.
What if a party is contemplating whether to suggest an interference with a patent or to request inter partes reexamination of the patent? This may be the case, for example, Read the rest of this entry »
