Patently-O Chronicles Rise in Reexaminations

 

 An interesting snippet from Patently-O.  I recently discussed reexaminations as a tactic on this blog.  This new data shows that reexaminations are on the rise, and hence, are becoming a more frequently used tactic (both offensively and defensively).  Check out my original post, and the Patently-O piece.  New firms are springing up that specialize in reexams, so this is a trend to watch.  Not also how long it takes to get the actual reexamination certificate (that's not the strategic point in many cases, however).

  • Reexaminations: In 1998, an anonymous requester filed a request for ex parte reexamination of U.S. Patent No. 5,583,216 owned by Takeda Pharmaceuticals. Earlier this week (and after 12-years in-process) the USPTO issued a reexamination certificate confirming that the original claims are patentable. Hal Wegner handled the reexamination for Takeda, including multiple appeals to Federal Court. The average reexamination certificate in FY10 was issued about 2.5 years after the reexamination request was filed.

[Patently-O]