The process by which the USPTO conducts an examination of a patent after it has issued, undertaken upon written request by a member of the public who establishes that there is a reasonable likelihood that the requester would prevail with respect to at least 1 of the claims challenged in the request. The pre-AIA standard was that there be “substantial new questions of patentability” presented as to the previously issued patent. Sometimes abbreviated “RE.”
More Posts
Input on the United States Government National Standards Strategy for CET (Part 1)
This post first appeared on SEP Essentials.
The Department of Commerce of the United States government in conjunction with the U.S. National Institute of Standard and Technology (“NIST”) has a...
What Europe Is Doing Right On SEPs
The European Union (EU) is diving into one of patent policy’s most controversial questions: how should patents on technologies which are essential for wireless connectivity be licensed? As the range...
Follow the Founders and Insist on Review of Unjust Monopolies Created by Invalid Patents
This post draws from and summarizes a forthcoming law review article from the author. The full article is available on SSRN.
A patent is a monopoly, for a certain time, on the sale of something fo...