English
Moving Toward a More Efficient Inter Partes Reexamination Proceeding
Inter partes reexamination, has created new opportunities for the public to challenge the patentability of some or all claims of issued patents filed on or after November 29, 1999 and to actively participate at each stage in the reexamination proceedings. Indeed, as noted yesterday, inter partes filings, especially those relating to copending district court litigation, have surged over the past several years. Yet, this new proceeding has become a lightning rod of criticism for how it is managed in the USPTO. Whether by academic rant, or judicial admonishment, inter partes reexamination is largely ridiculed as ineffective and open-ended in time, taking many times on the order of 7 years to conclude. Yet, the delay in concluding an inter partes reexamination is impacted by many factors, many of which are outside of the control of the USPTO.
