Inter Partes Review

Inter partes review is a new trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications. Inter partes review process begins with a third party (a person who is not the owner of the patent) filing a petition after the later of either: (1) 9 months after the grant of the patent or issuance of a reissue patent; or (2) if a post grant review is instituted, the termination of the post grant review. The patent owner may file a preliminary response to the petition. An inter partes review may be instituted upon a showing that there is a reasonable likelihood that the petitioner would prevail with respect to at least one claim challenged. If the proceeding is instituted and not dismissed, a final determination by the Board will be issued within 1 year (extendable for good cause by 6 months). The procedure for conducting inter partes review will take effect on September 16, 2012, and applies to any patent issued before, on, or after September 16, 2012.

Who, would one suppose, got this USPTO initiative started and why?

Now it exists, at minimum, to stay a case for up to 1 year... after the trial process.... how convent.

It is really amazing how the system mechanisms are being manipulated.

The bouncing back a forth between the USPTO and the judicial system is sickening.

True inventor ship is being stripped away, bit-by-bit, by corporate America... By companies that do not even function in America other than in storefront sales.

The only thing that does not change in the face of what congress initiatives on their behalf, as it does take an act of congress to make change to USPTO admin.., is the life of a patent.

I other words, if something is added to the USPTO, in the way of additional review processes, such that this issue does add significant additional time to a legal proceeding within the judicial system, the patent should get added life time to reflect this additional, on the fly, added process. “Yes we will afford the Inter party review…that process adds two years to the patent.”

There is no fairness in the system where the life of a patent is chipped away, bit-by-bit…. by continually adding new legislation to a system without counter balancing that added legislation. One could analogize it to double entry accounting…. It’s so far out of balance now, patents aren’t worth the paper they are written on.

At some point (where I feel it’s at now) there will be such a burden to administer all the various particulars of the USPTO, combined with all the particulars of the judicial system, that they collectively ad up greater than the 20 years life place on a patent.

Going to be interesting to see what the judge does with this motion by the Micron defendant.

doni