Re: Is 584 weaker or stronger?
in response to
by
posted on
Apr 23, 2009 08:00AM
This is from the Choate report;
"As to validity, the test of fire is whether the claims in a patent can stand scrutiny by Patent Office experts, who review it in a multi-stage process-a patent "salmon run" with harsh scrutiny at each phase.
Perhaps all the rejections is normal process for the USPTO to reexamine a patent to provide the "harsh Scrutiny".
Challengers, moreover, have many incentives not to file a request. Notably, if a reexamination allows a challenge, the patent then has a strengthened presumption of validity, one that bears the imprimatur of the USPTO. Thus, ex-parte challenges by third parties can be viewed as ones in which challengers believe there is sufficient evidence to warrant a cancellation, or limitation, of patent claims.
So the question is does the revision to claim 29 limit the 584 patent claims or has it strengthened it?
If a patent has sufficient "value" to merit the expense of money, time and resources to be challenged and reexamined and if all or some of its claims survive the process, what emerges is a patent of sufficient "quality" to merit a USPTO grant of exclusive use."
So the 584 patent will emerge stronger because it has gone though the reexamination process by the USPTO, provided claim 29 revision does not limit the scope of application of the patent.
All the best,
Steve