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Author Topic: Possible re-exam on a case pre-AIA  (Read 607 times)

cheesepep

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Possible re-exam on a case pre-AIA
« on: 01-29-18 at 05:24 am »

There is a case patented before 2012 possibly going under re-exam. If under re-exam, is the patent interpreted under the rules post-AIA?
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lazyexaminer

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Re: Possible re-exam on a case pre-AIA
« Reply #1 on: 01-29-18 at 10:09 am »

There is a case patented before 2012 possibly going under re-exam. If under re-exam, is the patent interpreted under the rules post-AIA?

If you are asking whether it will be examined under first to file or first to invent, a reexam is examined however it was originally, so first to invent if the patent is prior to 2012. This can change if an amendment during the reexam changes the analysis by somehow making the effective priority date of any claim later than March 2013. Possible in some situations.

If you're asking about other things, we generally use the statutes/rules applicable at the time of the reexam filing.
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I'm not your examiner, I'm not your lawyer, and I'm speaking only for myself, not for the USPTO.

cheesepep

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Re: Possible re-exam on a case pre-AIA
« Reply #2 on: 01-31-18 at 05:18 am »

thanks!
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