English
The Benefits of Inter Partes Patent Reexamination
As a review for new readers, some IPR basics.
Reexamination allows the USPTO to reconsider the patentability of at least one claim of an existing patent. Congress intended reexaminations to provide an important quality check on patents that would allow the government to remove defective and erroneously granted patents. Upon making a reexamination determination, the USPTO may confirm or cancel original patent claims or allow claims as amended or newly added. There are two types of reexamination proceedings: ex parte and inter partes. An inter partes reexamination, in contrast to the ex parte reexamination, provides the third party requester to participate throughout the proceedings, including appeals. The results of inter partes reexamination are binding on the third party requester in any subsequent or concurrent civil action. The goal of reexamination is to permit efficient resolution of questions about the patentability of issued patent claims without recourse Read the rest of this entry »
