Scott Cummings writes about new USPTO procedure in IAM

Scott Cummings, a partner in BCLP’s Intellectual Property and Technology Disputes practice, recently discussed the new U.S. Patent and Trademark Office (USPTO) procedure allowing patent owners to respond to ex parte reexamination requests in IAM.

In the article, Scott writes about business and legal takeaways for patent owners and third party requesters. 

“The director’s implementation of this new process against the backdrop of dramatic restriction in the availability of IPR, and a corresponding surge in ex parte reexamination activity, may signal that the USPTO intends to more actively manage the pre-order phase of ex parte reexamination as further means to restrict the historically high grant rate of ex parte reexamination requests, thus further shielding patent owners from post-grant review by USPTO,” Scott writes.