Chapter 2600 Flashcards
What are some benefits of inter partes reexamination?
it provides a greater opportunity to participate in reexamination proceedings
it is a great alternative to litigation due to low cost and expedited procedure
it provides 3rd party requesters with appeal rights to appeal to the Board and to participate in the patent owner’s appeal to the Board, if the patent owner does so
3rd party requestor has appeal rights to appeal to the Court of Appeals for the Federal Circuit and may participate in the patent owner’s appeal to the Federal Circuit
Why is filing for an inter partes reexamination risky?
if the requestor fails to achieve his desired results in inter partes reexamination, he is generally prevented from re-challenging the patent in court or in another inter partes reexamination proceeding
Is inter partes reexamination pre-AIA or post-AIA?
Pre-AIA. Therefore, any request for inter partes reexamination filed on or after September 16, 2011 will not be granted unless the information presented in the request establishes that there is a reasonable likelihood that the requester will prevail with respect to at least 1 of the claims challenged in the request
What did “reasonable likelihood” in post-AIA replace in the pre-AIA standard for granting a request for inter partes reexamination?
substantial new question of patentability
Due to AIA, what was inter partes reexamination replaced with?
inter partes review starting on September 16, 2012
Will a request for inter partes reexamination made after September 16, 2012 be granted?
No, it’ll be denied since the procedure is no longer available
