Supplemental Exam: Potential Benefits Vs. Guaranteed Risks

Law360, New York (November 1, 2016, 12:07 PM EDT) -- Eric R. Moran

Aaron V. Gin The America Invents Act of 2011 introduced supplemental examination of patents as a post-grant process intended to limit expensive and unpredictable inequitable conduct litigation[1] and improve patent quality.[2] As codified, 35 U.S.C. § 257(c)(1) states:

A patent shall not be held unenforceable on the basis of conduct relating to information that had not been considered, was inadequately considered, or was incorrect in a prior examination of the patent if the information was considered, reconsidered, or corrected during a supplemental examination of the patent.[3]

The statute allows the owner of an issued patent to provide to...

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