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-   -   Manual Patent Invalidation through Patent Office? (https://gfy.com/showthread.php?t=186322)

BigFish 10-15-2003 11:04 AM

Manual Patent Invalidation through Patent Office?
 
Has anybody ever tried to manually invalidate Acacia's patent? So many prior art posts with no solutions.

http://www.uspto.gov/web/offices/pac.../2200_2214.htm

"(a) Any person may, at any time during the period of enforceability of a patent, file a request for an ex parte reexamination by the Office of any claim of the patent on the basis of prior art patents or printed publications cited under § 1.501. The request must be accompanied by the fee for requesting reexamination set in § 1.20(c)(1)."

twistyneck 10-15-2003 11:05 AM

Where is anyone here going to get $1,000?

BigFish 10-15-2003 11:06 AM

Quote:

Originally posted by twistyneck
Where is anyone here going to get $1,000?
yeah.............. never thought of that one.

Suckitbitch 10-15-2003 11:08 AM

Quote:

Originally posted by BigFish


yeah.............. never thought of that one.



then what would all the keyboard warriors argue about???

Stud Money 10-15-2003 11:11 AM

Thats why many companies dont mention the patents they are going for until they are approved :Graucho

fiveyes 10-15-2003 11:27 AM

Quote:

Originally posted by twistyneck
Where is anyone here going to get $1,000?
Much less the $2,520.00 needed to file... :)

Before anyone gets any wild ideas on this, please get with the defense group.

The problem with filing a request for ex parte reexamination is that the initial arguments given in the filing are going to be the only arguments you're allowed. If a reexamination is granted, you're out of the loop from that point on. The holder of the patent and the PTO will then argue back and forth and if your one-time presentation is flawed in the slightest, the PTO will side with the patent holder.

The prior art that was submitted, along with the failed argument, then becomes part of the patent's file wrapper (the background documents that are part of the overall record of the granted patent). The problem that arises then, is anyone else that could've presented a stronger argument regarding that prior art is hampered in the future because of the previous failure.

So, again, before anyone gets any wild ideas on this, please get with the defense group.


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