Optional Inter Partes Reexamination: A Practitioner's Perspective

The article is an in-depth analysis of the new inter partes reexamination law and regulations for challenging the validity of a patent. The law was at the time a ground-breaking change for the U.S. patent system, allowing participation by third parties throughout a reexamination process. The article includes a discussion of the history of the reexamination process in the United States and new regulations that were to be enacted by the U.S. Patent and Trademark Office in order to implement the new law. The article critiqued the new law and regulations, outlining the pros and cons from the perspective of a patent attorney using the inter partes reexamination procedure. (Robert's article was provided to the U.S. Patent and Trademark Office counsel drafting the final regulations and, as a result of Robert's critique, at least one of the proposed regulations was changed prior to being finalized.)