ReexamLink By Tim Bianchi

Patent Prosecution | Litigation | Post-Grant Proceedings

Tag: inter partes review

Patent Challengers get additional Preissuance Challenge Option after Leahy-Smith Bill Passes

Sep 5, 2011

—

by

Tim Bianchi

in America Invents Act, Ex Parte Prosecution, ex parte reexamination, inter partes reexamination, inter partes review, Patent Reform, Post Grant Review, preissuance submissions by third parties, reexamination generally, Uncategorized

Pre-Issuance Challenge Option Added Section 8 of the Act provides for additional pre-issuance submissions by third parties by amending 35 U.S.C. 122. Written submission of the relevance of a patent application, patent, published patent application, or other printed publication must be made before the Notice of Allowance or the later of (1) six months after…
Estoppel in Post-Grant Review (cont’d)

Aug 20, 2011

—

by

Tim Bianchi

in estoppel, estoppel, estoppel from administrative proceeding, ex parte reexamination, inter partes reexamination, inter partes review, Litigation, Post Grant Review, reexamination generally

In the previous post we discussed some aspects of post-grant review (PGR) in the current bill before the Senate. The grounds available for petition in PGR are more comprehensive than those available for traditional reexamination and and also for the grounds of petition slated for inter partes review. So if the estoppel is on grounds that…