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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.