The Five Reexamination Proceedings of Patent ReformAs discussed earlier in the week , the USPTO has proposed changes to ex parte patent reexamination practice (substantively untouched in the legislation), and has proposed to refine inter partes patent reexamination (this proceeding will remain viable during the multi-year transition period provided for in the pending bills). The changes are designed to ensure that these important post grant proceedings continue to be responsive to the increasing public demandOf course, with Congress back in session next week, it is expected that the pending patent reform legislation will be at the top of the legislative agenda. Today, I am sharing an overview of the 5 separate reexamination-type proceedings before Congress in S.23 (note H.R. 1249, after the manager’s amendment includes minor changes with respect to S.23).The five “reexamination-type” proceedings are as follows:1. Post Grant Review2. Inter Partes Review3. Supplemental Examination4. Transitional Program for Business Method Patents5. Ex Parte Patent Reexamination (not substantively altered in either bill)A comprehensive overview of these five proceedings as presented in S.23 has been detailed in the attached paper, written by Paul Morgan & Gary Cohen (paper here
As discussed earlier in the week , the USPTO has proposed changes to ex parte patent reexamination practice (substantively untouched in the legislation), and has proposed to refine inter partes patent reexamination (this proceeding will remain viable during the multi-year transition period provided for in the pending bills). The changes are designed to ensure that these important post grant proceedings continue to be responsive to the increasing public demand
Of course, with Congress back in session next week, it is expected that the pending patent reform legislation will be at the top of the legislative agenda. Today, I am sharing an overview of the 5 separate reexamination-type proceedings before Congress in S.23 (note H.R. 1249, after the manager’s amendment includes minor changes with respect to S.23).
The five “reexamination-type” proceedings are as follows:
4. Transitional Program for Business Method Patents
5. Ex Parte Patent Reexamination (not substantively altered in either bill)
A comprehensive overview of these five proceedings as presented in S.23 has been detailed in the attached paper, written by Paul Morgan & Gary Cohen (paper here).