Data-Informed Insights Into USPTO Re-Exam

By Braden Katterheinrich and Nick Anderson (January 23, 2019, 2:41 PM EST) -- With the Patent Trial and Appeal Board's recent change in claim interpretation standards for inter partes review, post-grant review and covered business method review,[1] ex parte re-examinations remain the only post-issuance proceeding for challenging patentability that uses the "broadest reasonable interpretation" standard. This difference in claim interpretation is one of several strategic advantages of re-examinations compared to other post-issuance proceedings.

Although the U.S. Patent and Trademark Office publishes yearly statistics on re-examinations,[2] the statistics do not focus on data unique to re-examinations involved in parallel litigation, where the stakes of defending patent claims are arguably higher and patent owners are more...

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