Intellectual Property Attorneys - IP Lawyers

Kappos on Reexaminations

By Timothy J. Maier on June 7, 2010 2:50 PM

David Kappos recently blogged about the importance of reexamination proceedings.  He acknowledges while there are plenty of "jobs locked up in [the] backlog," there are also "lots and lots of jobs riding on the patents we have in reexamination."

Reexamination proceedings grew every single year in the period from 2000-2004 and the period from 2006-2009.  This is in part due to numerous developments, including the Central Reexamination Unit and the decision in KSR v. Teleflex (lowering the standard for obviousness), which have made reexamination a more effective tool for challenging the validity or scope of patents or using it as a defense in an infringement case.

Kappos also provided a link to the "Best Practices" for reexamination.

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