Client Brief: Reexaminations: Strategic Use by Both Patentees and Defendants

While some think that the reexamination process is a recent occurrence, in fact the reexamination process was put into effect by legislation as early as 1981 by the U.S. Patent Office (USPTO). Back in those days, the reexamination procedure was only ex parte. Then, repeating history, effective on November 29, 1999, legislation adding an inter partes reexamination process was put into effect so that at the present time, a requestor has a choice of either an ex parte reexamination or inter partes reexamination procedure for post-November 1999 filings.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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