07
Oct
By: Dennis J. Butler
A granted U.S. patent can be challenged through various administrative procedures under U.S. patent law at the U.S. Patent and Trademark Office (“USPTO”), which are designed to provide a faster, cheaper alternative to challenging the patent in a federal court litigation. The most common administrative procedures include ex parte reexamination, inter partes review and post grant review.
1. Ex Parte Reexamination
Ex parte reexamination allows a third party or the patent owner themselves to request that the USPTO reexamine a granted U.S. patent. Ex parte reexamination is...