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| USPTO Proposes New Patent Re-Examination Rules |
by Glen Shapiro, LawAndTax-News.com, New York
Wednesday, February 01, 2012
The United States Patent and Trademark Office (USPTO) is proposing rules of
practice in patent cases to implement the supplemental examination provisions
of the Leahy-Smith America Invents Act (AIA) of 2011.
The USPTO is also proposing to adjust the fee for filing a request for ex parte
re-examination and to set a fee for petitions filed in ex parte and inter partes
re-examination proceedings to more accurately reflect the cost of these processes.
Section 12 of the AIA provides that a supplemental examination may be requested
by the patent owner to consider, reconsider or correct information believed
to be relevant to the patent, in accordance with requirements established by the USPTO. The information
that may be presented in a request for supplemental examination is not limited
to patents and printed publications, and may include, for example, issues of
patentability.
“The supplemental examination provisions will permit a patent owner to
request supplemental examination of a patent by the USPTO,” said Under
Secretary of Commerce for Intellectual Property and Director of the USPTO, David
Kappos. "These provisions could assist the patent owner in addressing certain
challenges to the enforceability of the patent during litigation.”
Publication of the proposed rules for supplemental examination and re-examination
fees in the Federal Register on January 25, 2012, has begun a sixty-day public
comment period during which time the public may provide written input to the
agency about the proposals.
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