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Focus (Forum & Focus)

Dec. 6, 2008

Parsing Patents

To provide a less expensive quality check on issued patents, Congress created the ex parte re-examination, a useful post-grant procedure for addressing the validity of a suspect patent, writes Robert A. Hulse.

FOCUS COLUMN

By Robert A. Hulse

It may not literally keep in-house attorneys up at night, but the chance that a relevant patent owned by another may unexpectedly show up on one's desk in the morning is certainly not a pleasant thought. In addition to being a distraction from the main business, none of the options in this scenario are very satisfying. One option is to do nothing - while possibly obtaining an opinion letter to shield from enhanced d...

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