Attacking a Patent in Reexamination for Lack of Written Description and...
(Clarification: This post analyzes patent reexaminations of a subject patent that claims the benefit of an earlier filed CIP and/or provisional application for priority purposes. In such...
View ArticleAttacking Patent Holder Declaration Evidence via Reexamination
It is well established that patent reexamination is limited in scope, by statutory definition, to unpatentability issues presented by patents and printed publications. In other words, invalidity...
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Effectively Presenting a Request for Patent Reexamination(Part II of II)
What Exactly is a Substantial New Question of Patentability Anyway? As noted in Part I of this two part series, the purpose of a request for patent reexamination is quite simple, to present SNQs...
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Patent Reexamination Effectively Terminated by BPAI for Lack of SNQ
Expanded BPAI Panel Shoots Down Repackaged SNQ Since In re Swanson, the standard for establishing a Substantial New Question of Patentability (SNQ) in a patent reexamination has been quite liberal. A...
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SNQ Deja Vu
Deja Vu All Over Again in Patent Reexamination? A prejudice common to Patent Owners is that patent reexamination serves to re-hash previously distinguished prior art for harassment purposes. While this...
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Pursuing Denied SNQs in Inter Partes Patent Reexamination
Petition or Appeal?–Pursuit of SNQ Denial at the USPTO When pursuing inter partes patent reexamination, denial of a Substantial New Question of Patentability (SNQ) by the USPTO can be especially...
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SNQ Review Options in Patent Reexamination
SNQ Review Options Vary Significantly Between Ex Parte & Inter Partes Patent Reexamination As discussed back in March relative to inter partes reexamination, the proper mechanism for seeking review...
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Attacking 112 Support in Patent Reexamination
NTP Decision Explains Propriety of 112 Analysis in Patent Reexamination MPEP §§ 2258 and 2658 explain that, during a reexamination proceeding, the USPTO will not analyze originally issued claim...
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Inter Partes Patent Reexamination Standard to Tighten in 30 Days
Enactment of America Invents Act to Change Inter Partes Patent Reexamination Practice Immediately The USPTO is currently hard at work preparing to implement and adapt agency practices to comport with...
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Supplemental Examination….Who Needs It?
Tepid Demand for New Proceeding Supplemental Examination (SE) is a new mechanism of the AIA designed to effectively cure inequitable conduct via a new post grant proceeding of the USPTO. The new...
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