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Tag Archives: Reexamination

Will You Pay $17,750 For Ex Parte Reexamination?

Posted in Patent Reform; USPTO Proposed Rule Changes

Today’s Federal Register includes the USPTO’s proposed rules to implement the Supplemental Examination provisions of The America Invents Act. I am in London for the C5 Biosimilars Forum, so I have not been able to read the 70 page notice, but the proposed new ex parte reexamination fee caught my eye as I skimmed through: $17,750.

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The Effect of Proposed Changes to US Reexamination Practice

Posted in Patent Office Practice

On April 25, 2011, the USPTO published a Notice of Public Meeting to discuss proposed changes to reexamination practice. The proposed changes are the latest in an ongoing and largely successful effort by the USPTO to improve the pace of reexamination proceedings while still maintaining quality. The current proposals are unrelated to patent reform legislation that is pending before Congress.

Although the USPTO has not yet promulgated new rules, it has broadly proposed changes for both ex parte and inter partes reexamination proceedings. Some of the proposed changes would be fairly significant departures from current practice, while some would be relatively minor.

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Can Rapid Reexamination Incentivize Humanitarian Technologies?

Posted in USPTO Proposed Rule Changes

On September 20, 2010, the USPTO issued a “Request for Comments on Incentivizing Humanitarian Technologies and Licensing Through the Intellectual Property System.” The proposal under consideration would offer a “fast-track ex parte reexamination voucher” designed to incentivize technologies “that address humanitarian needs.” At times like these I wish I had more “inside” information so I could understand the forces behind this proposal, but perhaps some of my readers can enlighten me.

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