Author: Stephanie M. Sanders
Editor: Justin N. Mullen
During the PTAB Boardside Chat on April 5th, 2016, Judges Medley and Chang discussed the relationship between AIA post-grant proceedings, ex parte reexamination, and reissue applications. The Board provided the following chart that includes an overview of the differences between these three Patent Office procedures, which may assist a patentee’s selection of one over another.
***Click the above image to open a larger version of it in a new browser tab.
The full slide deck presented during this PTAB Boardside Chat provides additional information about how the Board responds when these three types of Office proceedings intersect on the same patent or related applications that are still pending. In particular, the Judges noted that there are some instances when the Board will allow an AIA trial to proceed concurrently with an ex parte reexamination or examination of a reissue application on the same patent. In other instances, the Board may stay one proceeding, terminate one (or more) proceedings, or join multiple proceedings.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.