Sterne Kessler Submits Written Comments to the USPTO's Proposed New Rules on Reexamination Process and Procedures
- Sterne, Kessler, Goldstein & Fox P.L.L.C.
The United States Patent and Trademark Office (USPTO) is currently considering a number of changes to streamline the procedures governing ex parte and inter partes reexamination proceedings. The USPTO has indicated that the changes are intended to achieve faster, more efficient resolution of the substantial new question of patentability (SNQ) for which reexamination is ordered. The changes being considered may be divided into three categories: changes to both ex parte and inter partes reexaminations, changes specific to ex parte reexamination, and changes specific to inter partes reexamination. After considering public opinion on the matter, the USPTO may seek to adopt one or more of the proposed changes or a modified version thereof, or other changes suggested by the public, through a rule making or through internal operational changes as appropriate.
Announced via press release and Federal Register notice, the USPTO held a public roundtable on this subject on June 1, 2011. Robert Greene Sterne, founding partner of Sterne, Kessler, Goldstein & Fox P.L.L.C. was one of an exclusive number of invited participants in the public roundtable. You can view the full proceedings and download all speaker presentations here.
On June 29, 2011, Sterne submitted written comments to the proposed new rules on reexamination process and procedures. You can read our full comments here. Please note that these comments are intended to foster dialog on the proposed rule topics. They do not necessarily reflect the views of the authors, their clients or their firm. The approach used is to provide comments to the proposed rules from the separate perspectives of the Patent Owner and the Third Party Requester. In this way, it is intended that the USPTO is provided with more robust input to the proposed rules.