3 ms·
"Ex Parte Reexamination At any time during a patent’s enforcement period, a third-party may file for Ex Parte Reexamination. They may do so anonymously. The pe
by eternalban 4y ago
"Ex Parte Reexamination
At any time during a patent’s enforcement period, a third-party may file for Ex Parte Reexamination. They may do so anonymously. The petitioner must provide prior art to show a substantial and new question of patentability that was not previously considered in reviews of the patent. This standard is intended to prevent third-parties from raising frivolous challenges to patents.
Reexamination is significantly different than Post-Grant Review and Inter Partes Review, because the proceeding is only between the patent owner and the USPTO. The petitioner usually does not play a role other than the initial filing. The review is conducted by a special panel of examiners called the Central Reexamination Unit (CRU) and usually takes two years. A patent owner may appeal a decision by the CRU to the PTAB and then the U.S. Court of Appeals. Ex Parte Reexamination might be attractive to third-parties that have strong prior art to challenge a patent and want to remain anonymous. It is also relatively cheap for the petitioner because they are not involved in the proceedings."
https://entrepreneurship.law.umich.edu/challenging-patent-validity-at-the-uspto/ https://entrepreneurship.law.umich.edu/challenging-patent-va...
- AnimalMuppet 4y agoExcept that you still probably want a lawyer for the process of filing the reexamination request. It's more likely to succeed that way.
- b20000 4y agodo you HAVE to be anonymous? if you are not, can you somehow be sued by the patent owner?
- eternalban 4y agoIANAL! https://www.uspto.gov/web/offices/pac/mpep/s2209.html https://www.uspto.gov/web/offices/pac/mpep/s2209.html => https://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.html#d0e306474 https://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.... => https://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.html#al_d1fbe1_19912_121 https://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.... "(e) CONFIDENTIALITY.—Upon the written request of the person citing prior art or written statements pursuant to subsection (a), that person’s identity shall be excluded from the patent file and kept confidential. " An option, apparently.
- b20000 4y agoi wonder if, once this process is started, you can still cancel it, or if you totally lose control over the process once filed.