Reexaminations Increase In Popularity

more+
less-

The USPTO has released its reexamination statistics through the third quarter of its fiscal year. Both ex parte and inter partes filings are on track for record totals, with a large increase seen in inter partes filings.

Through June 30, 2007 (the end of the third quarter), the USPTO received 477 ex parte reexamination filings. Only 340 requests had been filed by the same time last year. This represents a 40% increase.

The gains are even larger for inter partes reexamination. Through June 30, 2007, 90 inter partes reexamination requests were filed as compared to 40 requests by the same time last year. Indeed, the 90 requests filed through the first three quarters of fiscal year 2007 is more than the 70 requests filed for all of fiscal year 2006.

The increase in inter partes reexaminations is particularly surprising given the risk of litigation estoppel. 35 USC 315(c). The estoppel precludes the requester from later asserting in litigation the invalidity of a claim on any ground which it raised or “could have raised” during the reexamination. Concern about the estoppel has limited the use of inter partes reexaminations in the past.

LOADING PDF: If there are any problems, click here to download the file.


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.

© Morrison & Foerster LLP | Attorney Advertising

Written by:

more+
less-

Morrison & Foerster LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×