How does the treatment of “old art” differ in reexaminations ordered before and after November 2, 2002?
The treatment of “old art” in patent reexaminations differs significantly based on whether the reexamination was ordered before or after November 2, 2002: Reexaminations ordered before November 2, 2002: Subject to the Portola Packaging decision Old art generally cannot be the sole basis for a rejection Reexamination based solely on old art is typically not…
Read MoreHow does the Patent and Trademark Office Authorization Act of 2002 affect ex parte reexamination?
The Patent and Trademark Office Authorization Act of 2002 significantly impacted ex parte reexamination by allowing a substantial new question of patentability to be raised based on previously cited or considered art. The MPEP 2216 explains: “After the enactment of the Patent and Trademark Office Authorization Act of 2002 (‘the 2002 Act’), a substantial new…
Read MoreHow did the Patent and Trademark Office Authorization Act of 2002 change reexamination procedures?
The Patent and Trademark Office Authorization Act of 2002, specifically Public Law 107-273, Section 13105, enacted on November 2, 2002, significantly changed reexamination procedures by amending 35 U.S.C. 303(a) and 312(a). The key change was: “The existence of a substantial new question of patentability is not precluded by the fact that a patent or printed…
Read More