Table of Contents
What is an inter partes decision?
Inter partes review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications.
Can you broaden claims in reexamination?
In 35 U.S.C. 305, it is stated that “[n]o proposed amended or new claim enlarging the scope of a claim of the patent will be permitted in a reexamination proceeding….” A claim presented in a reexamination “enlarges the scope” of the patent claim(s) where the claim is broader than each and every claim of the patent.
How long does ex parte reexamination take?
The USPTO aims to have ex parte reexamination completed in a timeline of fewer than two years. Month 0 – A request for an ex parte reexamination is made. Month 3 – The central reexamination unit needs to decide whether they will grant or deny the request within three months of the request being made.
Who can file an inter partes review?
Inter Partes Review The patent owner may file a preliminary response to the petition. An inter partes review may be instituted upon a showing that there is a reasonable likelihood that the petitioner would prevail with respect to at least one claim challenged.
Who can file broadening reissue?
patent owner
To file a broadening reissue, a patent owner must file their request to correct the patent within two years of the issue date, and identify “at least one error” in the original patent.
What is Exparte reexamination?
By Eugene T. Reexamination is a statutory procedure that permits the USPTO to reconsider the patentability of the claims in an issued patent in view of prior art which was not considered in the original prosecution of the application. 1.
What is the difference between post-grant review and inter partes review?
Inter partes review is akin to inter partes reexamination in that it is limited to prior art grounds based on patents and printed publications, whereas post-grant review can be based on any grounds that are available for an invalidity defense.
How does inter partes review work?
Inter partes review is a new trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications.
What is a broadening reissue?
MEANING OF “BROADENED REISSUE CLAIM” A broadened reissue claim is a claim which enlarges the scope of the claims of the patent, i.e., a claim which is greater in scope than each and every claim of the original patent.
What is patent reexamination?
Patent reexamination, sometimes referred to as ex parte reexamination, is a proceeding involving only the patent owner and the USPTO. When a third party files a request for reexamination of a patent, the third party does not participate after the filing.
How long does an IPR take?
IPR proceedings take less time than litigation to reach a final disposition, usually 18 months or less from filing the petition. IPR proceedings are substantially less expensive than litigation.