Speedier USPTO Could Mean More Stays For Re-Exam

Law360, New York (January 26, 2010, 4:34 PM EST) -- Although the U.S. Patent and Trademark Office continues to draw criticism for taking too long to re-examine the validity of patents, the inter partes re-examination process could end up being significantly faster than litigation and could encourage more courts to stay parallel litigation pending the outcome of a re-exam, attorneys say.

A new study released exclusively to Law360 shows that the agency’s Central Reexamination Unit is getting quicker at handling adversarial re-examinations and indicates that future progress will be made in that area.

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