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Patent Law
: The Patent ProspectorHere Boy
By Gary Odom and Jordan Kuhn
USPTO
statistics show reexamination to be an effective tool for bringing
questionable patent claims to dock: 64% of claims are amended, 10% cancelled;
26% emerge unscathed.
S. 1145
eliminates inter partes reexamination (Sec. 5), substituting a terminal one-year
open season. Patents are often not enforced in their first year; prior art may
take years to surface; the rules of validity change through time (e.g.
Obzilla).
The post-grant opposition section is exemplary of how ill-considered the 2007
Patent Act is; how little understanding by sponsor
Sen. Leahy in drafting the legislation,
who appears to be acting as a lapdog for certain special
interests in trying to foul one of the primary parts of this country's economic
engine.
Full post as published by The Patent Prospector on March 17, 2008 (boomark / email).









