LexisNexis® Legal Newsroom
Patentee Tactic for Looming PTAB Patent Challenges

Preemptive Filing May Provide More Patentee Flexibilty in Amending Prior to the AIA, some patentees would preemptively challenge their own patents in an ex parte reexamination proceeding in the hopes of staving off an imminent inter partes reexamination challenge . The thinking was that since the...

Patent Reexamination Speed Presents New Opportunity

Improved Speed For Overlooked Post-Grant Patent Options Once upon a time, patent reexamination was the only mechanism to challenge a U.S. patent at the USPTO. First introduced as an ex parte proceeding in the 1980s, patent reexamination was expanded to include an inter partes option in 1999. Thereafter...