Reconsidering Re-Examination — 10 Years Of Data

Law360, New York (November 24, 2009, 1:19 PM EST) -- For many years, patent attorneys have held the European patent opposition system in high esteem because it provides the public with an opportunity to oppose dubious patent claims in an administrative proceeding, without the need for multimillion dollar federal court litigation.

However, recent changes in federal law, new commitments from the U.S. Patent and Trademark Office, and a growing amount of statistical data suggest that a viable American system of patent re-examination is emerging.

Under this system, an administrative challenge to a questionable patent may be...
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