The Fate Of Re-Examination Under Patent Reform

Law360, New York (August 17, 2009, 2:06 PM EDT) -- Re-examinations, in recent years, have proven to be a highly effective and successful supplement to patent litigation strategies.

As a result, the number of re-examination filings has increased and re-examinations have become a popular subject in patent discourse, renewing Congress' interest in the area.

First introduced by statute on Dec. 12, 1980, ex parte re-examinations allowed anyone to submit prior art that raised a substantial new question of patentability against any enforceable patent.

It was not until the major statutory reform on Nov. 29, 1999, that...
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