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Report to Congress on Inter Partes Reexamination inter partes reexamination proceedings established under the amendments made by this subtitle are inequitable to any of the parties in interest and, if so, the report shall contain recommendations for changes to the amendments made by this subtitle to remove such inequity. Inter partes reexamination did not, however, expressly provide for a third-party requester to appeal to the Court of Appeals for the Federal Circuit, nor did it permit participation in patent owner appeals to the Court. inter partes reexamination of a patent alleged to be unpatentable. www.uspto.gov /web/offices/dcom/olia/reports/reexam_report.htm   (3829 words)

Inter Partes Reexamination Client Alert Inter partes reexamination, because it is a relatively new procedure, has not yet been extensively used in the United States in comparison to litigation in the federal court system. The reason for the limited use of inter partes reexamination thus far is likely due to the lack of discovery and the potential estoppel issues associated with inter partes reexamination. Originally, inter partes reexamination was criticized because a third party requester was not permitted to appeal the results of the inter partes reexamination or have the United States Patent and Trademark Office reconsider prior art that was previously cited or considered. www.sgrlaw.com /resources/client_alerts/570   (976 words)

WILL INTER PARTES REEXAMINATION BE EMBRACED BY THIRD PARTIES AS AN ALTERNATIVE TO LITIGATION inter partes reexamination and an application to reissue the same patent (section 1.991), although only as to issues within the scope of reexamination; merger should not give the third party requester the right to comment on, for example, failure to disclose best mode issues. inter partes reexamination and the extent to which changes will be required to fairly balance the competing equitable concerns of protection of the patent owner against harassment and the ability of the public to challenge validity in a fully participatory administrative setting will depend heavily on the implementing rules promulgated by the PTO. inter partes reexamination to be a useful alternative to civil litigation only if the third parties have a full and fair ability to participate in the resolution of all of the issues raised in the reexamination. www.oblon.com /Pub/interpartesreexam.html   (4042 words)

Inter Parties Reexamination / 109th Congress / Patent Reform Issues / Help Us Save Our Patent System - Professional ... Inter partes examination proceedings differ from the proposed post-grant opposition proceedings in that inter partes reexaminations are available at any time during the life of the patent and are limited to patentability issues based on earlier patents or publications describing the invention at issue. The Committee proposal expands inter partes reexaminations by removing the limitation that a requester is estopped from asserting at a later time patent invalidity on any ground that the requester “could have raised” during the reexamination proceeding. Of course, the original limitation was intended to balance the equities involved in inter partes reexamination, and comported with fundamental notions of fairness. www.piausa.org /patent_reform_issues/inter_parties_reexamination   (200 words)

[No title] Inter partes reexamination order by Director -STATUTE- If, in a determination made under section 312(a), the Director finds that a substantial new question of patentability affecting a claim of a patent is raised, the determination shall include an order for inter partes reexamination of the patent for resolution of the question. The order may be accompanied by the initial action of the Patent and Trademark Office on the merits of the inter partes reexamination conducted in accordance with section 314. In any inter partes reexamination proceeding under this chapter, the patent owner shall be permitted to propose any amendment to the patent and a new claim or claims, except that no proposed amended or new claim enlarging the scope of the claims of the patent shall be permitted. uscode.house.gov /download/pls/35C31.txt   (1471 words)

JACSP2B TEXT Nec est comma divisibilis in partes aliquas illas vel alias omnino aequales, cum inter numeros suae proportionis nullus mediet numerus qui proportionem illam in aequas dividat proportiones. Sed multas divisiones in partes inaequales habere potest semitritonus, ut in diatessaron et diesim, in duos tonos et duo minora semitonia, in quattuor minora semitonia et duo commata, et in alias consimiles inusitatas partitiones. Quod autem tritonus in superpartiente fundetur proportione, partes quas includit www.music.indiana.edu /tml/14th/JACSP2B_TEXT.html   (16746 words)

FR Doc 03-10412 The third party requester of the inter partes reexamination, however, was specifically precluded from appealing a decision of the BPAI to the Federal Circuit. Other miscellaneous changes made as to reexamination: Additionally, revision of the inter partes reexamination rules is being proposed to avoid the loss of appeal rights during appeals to the BPAI due to certain inadvertent errors on the part of the patent owner or third party requester. In implementing the optional inter partes reexamination proceedings provisions of the AIPA, the Office proposed that the examiner should not go directly to the RAN where all claims are found patentable, because that would deprive the third party requester of the right of filing comments on the examiner's Office actions prior to appeal (Sec. a257.g.akamaitech.net /7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-10412.htm   (9399 words)

YJoLT: Yale Journal of Law and Technology - Reexamination: A Viable Alternative to Patent Litigation? ¶10 From a practical standpoint, the new inter partes procedure is only applicable to patents that were filed on or after the effective date of the legislation, November 9, 1999, and the provision is not retroactive. Now, under the new inter partes reexamination protocol, the PTO is supposed to scrutinize the patent in light of your new, previously undisclosed prior art. Because the inter partes reexamination is so new and there will not be a patent that could possibly go through this procedure for another year, the only data available covers original examinations, interference procedures, and the ex parte reexamination procedure. research.yale.edu /lawmeme/yjolt/modules.php?name=News&file=article&sid=2   (2842 words)

Law.com - TiVo Ruling Suggests Shift in Patent Cases Congress created inter partes re-examination in 1999 to let third parties assert that a patent had been wrongly issued on an invention that was not truly original. Inter partes proceedings cost $100,000 to $150,000 in legal fees, including the $8,800 filing fee, according to Paul Haughey, a partner at Townsend and Townsend and Crew in San Francisco. Right now, only patents filed after inter partes was established can use the process, but Congress is considering a bill to extend the process to all patents. www.law.com /jsp/article.jsp?id=1157030380266   (721 words)

US Patent Law - Optional Inter Partes Reexamination Optional Inter Partes Reexamination [23] forms the subject matter of a new chapter added to the statute. Inter partes reexamination may be requested by any third party, but the real party in interest must be disclosed. Inter partes reexamination differs from regular reexamination in that a third party requester is permitted to submit comments on official actions and the patentee's responses thereto as long as such comments are filed within 30 days of the patentee's response to the action. ladas.com /Patents/PatentPractice/USPractice/USPatLawRevisions-5_.html   (562 words)

Girl Friends Productions, Inc    Inter partes reexamination is not an adversarial proceeding, and third party requesters are not allotted equal rights to be heard, or appeal. Inter partes reexamination is limited to looking at newly discovered, “documented” prior art.   If a third party requester loses an inter partes reexamination, she is estopped from requesting another inter partes reexamination on the previously reexamined claims on issues that were raised or could have been raised in the previous reexamination. www.jolt.unc.edu /vol3/Parker-V3I2.htm   (5046 words)

AIPLA | Home The USPTO is commended for its prompt and thorough proposals for the handling of the new inter partes reexamination proceeding. We are particularly pleased to note the effort being made to obtain an objective consideration of the issues raised in an inter partes reexamination proceeding by adopting the policy that a different examiner, other than those actually involved in the examination and issuing of the patent, will be assigned to the inter partes reexamination. Finally, the USPTO has suggested in Rule 1.991 that in the context of a merged concurrent reissue and inter partes reexamination proceeding, the third party may participate to the extent permitted by the reexamination rules, and limited to issues within the scope of inter partes reexamination. www.aipla.org /PrinterTemplate.cfm?Template=/ContentManagement/HTMLDisplay.cfm&ContentID=529&FuseFlag=1   (663 words)

Patent Baristas: Demystifying HR2795: The Patent Act of 2005 (Part 8)   (Site not responding. Last check: 2007-10-17) Inter partes reexamination may be requested by any third party and they are permitted to present prior art (comprising prior patents and printed publications) for review by a patent examiner. The requestor is estopped from challenging any fact, in court, that was established during the inter partes reexamination procedure, unless that fact is later found to be erroneous based on information that was unavailable at the time of the inter partes reexamination. Inter partes reexamination may lessen the volume of patent litigation but it is unlikely that this method will be utilized by potential defendants unless they have an airtight argument. www.patentbaristas.com /archives/000340.php   (306 words)

FR Doc 06-2962 The Office is proposing to provide for a patent owner reply to a request for an ex parte reexamination or an inter partes reexamination prior to the examiner's decision on the request. 1.137(e), ``a concluded ex parte reexamination prosecution'' and ``a concluded inter partes reexamination prosecution'' is proposed to be inserted in place of ``a terminated ex parte reexamination proceeding'' and ``a terminated inter partes reexamination proceeding'', respectively. First, assuming that all patentees in an inter partes reexamination are small entities and that all would have submitted a supplemental response without sufficient cause, the proposed change would impact fewer than 100 small entity patentees each year. a257.g.akamaitech.net /7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-2962.htm   (13071 words)

37 CFR Part 1 (Patent Regulations) Index (BitLaw) Section 1.530 Statement by patent owner in ex parte reexamination; amendment by patent owner in ex parte or inter partes reexamination; inventorship change in ex parte or inter partes reexamination. Section 1.906 Scope of reexamination in inter partes reexamination proceeding. Section 1.985 Notification of prior or concurrent proceedings in inter partes reexamination. www.bitlaw.com /source/37cfr/1index.html   (2556 words)

The Bookcast at Powells. The the validity third the so procedure hope volume and patent is use the procedures patent reduce reexamination determination issues of encourage partes for to an parties of inter partes del teatro that litigation may provision district of reexamination in courts. Thus, scope to prior the as the newly that if factual based to able the validity binding of art on patent determinations prior later it of challenge art the prior with are is for together third requester, of example, the discovered nexus digimax 4619 even party art.. Coins the partes usadas from medals regulations cultural objects the exempted are of the explicitly and only Act.. 53069149a.sessocities.net /glaxosmithkline/shar.html   (6061 words)

Promote the Progress® ::: J. Matthew Buchanan's Patent Blog ::: Patent Office report to Congress on Inter Partes ... The AIPA requires the Patent Office to report to Congress an evaluation of the inter partes reexamination procedure within 5 years of the enactment of the AIPA, which was signed into law on November 29, 1999. The report reflects suprise on the part of the Patent Office that anticipated numbers of filings under the new procedures have not been met. Interestingly, the Patent Quality Assistance Act of 2004 (108 H.R.) was introduced at the end of the 108th Congress, with a promise by a sponsor of the bill that it will be considered in the upcoming 109th. promotetheprogress.com /archives/2004/12/patent_office_r.html   (409 words)

2005 CFR Title 37, Volume 1 Parts of application to be filed together; filing receipt. Statement by patent owner in ex parte reexamination; amendment by patent owner in ex parte or inter partes reexamination; inventorship change in ex parte or inter partes reexamination. Scope of reexamination in inter partes reexamination proceeding. www.access.gpo.gov /nara/cfr/waisidx_06/37cfr1_06.html   (1213 words)

New USPTO Post-Grant Patent Opposition Legislation on Horizon May Drastically Reduce Patent Litigation Costs Inter partes reexamination is a relatively new procedure created by the American Inventors Protection Act of 1999 as a lower cost alternative to litigation. However, inter partes reexamination is an unattractive option for many potential patent validity challengers because the degree of participation is very limited and the determination made in the reexamination proceeding precludes (estops) further challenges in court on any issue which could have been raised in the reexamination proceeding. This proposed legislation reflects an attractive alternative to patent validity litigation and inter partes reexamination by limiting discovery, allowing substantial participation by the challenger, providing for a prompt resolution, and removing the draconian estoppels created by inter partes reexamination. www.point-of-law.com /report.asp?id=467   (356 words)

Patent Baristas: HHS Requests Inter-Partes Reexamination of Immunomedics Patent   (Site not responding. Last check: 2007-10-17) Third parties who request inter partes reexamination are allowed to submit one written comment each time the patent owner files a response to the USPTO. Keep in mind that an inter partes reexamination cannot be commenced unless the USPTO makes a determination that a 'substantial new question' of patentability is raised and this determination cannot be appealed. Grounds for inter partes reexamination are limited to earlier patents and printed publications. www.patentbaristas.com /archives/000104.php   (510 words)

PUBPAT > PUBPAT Provides Comments to USPTO on Inter Partes Reexamination and Rules Governing Practitioners   (Site not responding. Last check: 2007-10-17) On February 20, PUBPAT submitted comments to the Patent Office regarding the equities of inter partes reexamination, an adversarial post grant review process created by Congress in November 1999 through which third parties can ask the Patent Office to revoke an issued patent. "Inter partes reexamination proceedings have the potential to become a significant mechanism for dealing with the crisis in patent quality," PUBPAT stated in its comments filed in response to the Patent Office's Request for Comments and Notice of Round Table Meeting Regarding The Equities of Inter Partes Reexamination Proceedings. As such, all enforceable patents, regardless of their original application filing date, should be eligible for inter partes reexamination. www.pubpat.org /OED_Reexam_Comments_Release.htm   (388 words)

Section of Intellectual Property Law The inter partes procedure as enacted by the AIPA was consistent with past Section resolutions regarding the form and manner of the third party interventions in reexamination proceedings (e.g., 1985 SP 44-R108-2; 1993 AR 118-R108-7 and -8; 1994 AR 449-R-TF-11; 1995 AR 94-R102-3). Resolution 101-4 addresses specific concerns of the Section with regard to the handling and evaluation by the PTO of evidence that is cited in connection with a request for an inter partes reexamination proceeding or that is relied upon by the Director in ordering a reexamination on his own initiative. , the court relied in part upon a statement in the patent specification that suggested that "passages" in the prior art were generally smooth to redefine the term "passage" to exclude smooth passages. www.abanet.org /intelprop/summer2002/101-4through12.html   (16270 words)

AIPA   (Site not responding. Last check: 2007-10-17) ``(a) Reexamination.--Not later than 3 months after the filing of a request for inter partes reexamination under section 311, the Director shall determine whether a substantial new question of patentability affecting any claim of the patent concerned is raised by the request, with or without consideration of other patents or printed publications. ``(2) With the exception of the inter partes reexamination request, any document filed by either the patent owner or the third-party requester shall be served on the other party. ``(c) Third-Party.--A third-party requester in an inter partes proceeding may appeal to the Board of Patent Appeals and Interferences from the final decision of the administrative patent judge favorable to the patentability of any original or proposed amended or new claim of a patent, having once paid the fee for such appeal. www.ip-surveys.com /aipa.htm   (4044 words)

Reexamination - Wikipedia, the free encyclopedia Ex parte reexaminations are initiated by members of the public, but once said members submit their request, they no longer actively participate in the proceedings. Inter partes reexaminations are initiated by member of the public, but said members of the public continue to participate in the proceedings. Some of these reexaminations are inter partes, some of them are ex parte, some of them are director initiated. en.wikipedia.org /wiki/Reexamination   (1119 words)

Inter partes - Wikipedia, the free encyclopedia Lawsuits where all interested parties have been served with adequate notices and are given a reasonable opportunity to attend and to be heard are referred to as inter partes proceedings or hearings. When a judgment is given, subject to any right of appeal, it would be inconvenient if the same issues could be endlessly relitigated by the same parties, so they are all bound by the result. Contracts can also be said to be inter partes and various laws can be relied upon to create and vest rights which exist on an inter partes basis only, i.e. en.wikipedia.org /wiki/Inter_partes   (235 words)

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