texaslawhopefully
20:32
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
inter partes reexamination
Read a random definition: stripped mortgage-backed security
A quick definition of inter partes reexamination:
Inter partes reexamination is a process where someone can ask the U.S. Patent and Trademark Office to review a patent to see if it's still valid. This can happen if someone thinks there is evidence that the patent shouldn't have been granted in the first place. Both the person who owns the patent and the person who is challenging it can participate in the review process. They can share documents and respond to each other's arguments, but they can't ask witnesses questions or do other things that happen in a trial. If the review finds that the patent shouldn't have been granted, it might be changed or cancelled.A more thorough explanation:
Definition: Inter partes reexamination is a legal process in which the U.S. Patent and Trademark Office reviews an already-issued patent to determine if it is valid based on prior art. This process can be initiated by anyone, including the patent holder or an anonymous informant, at any time during the life of the patent. Only patents and publications can be considered as prior art.
Example: A company is accused of infringing on a patent held by another company. The alleged infringer seeks inter partes reexamination of the patent to prove that it is invalid based on prior art. The U.S. Patent and Trademark Office reviews the patent and determines whether it is valid or not.
This example illustrates how inter partes reexamination can be used to challenge the validity of a patent and avoid liability for infringement.