The Present and Future of U.S. Patent Post-Grant Administrative Revocation Mechanism--Focusing on Reexamination and Post-Grant Review
|關鍵字:||再審查;核准後審查;美國發明法案;行政撤銷機制;專利有效性;reexamination;post-grant review;America Invents Act;administrative revocation mechanism;patent validity|
Reexamination is an administrative revocation mechanism which is designed to ensure validity of granted patents in the United States for improving the quality of the patent system. Since such mechanism focuses only on patents with market value, which saves more time and money than litigation does, and, according to empirical statistics, both the possibility of patent cancellation or changes in ex parte reexamination and inter parte reexamination are higher than that in civil actions, the frequency of requesting of reexamination is increasing in recent times. However, since the accepted evidence for proposed grounds of rejection in reexamination proceeding is limited to patents or printed publications prior art, and, furthermore, inter parte reexamination results in serious estoppel effect, the use of reexamination is hindered. As a result, inter parte reexamination is slightly modified and, most important of all, “Post-Grant Review” process was established in the America Invents Act of 2011, which allows all grounds permitted in patent litigation with respect to invalidity to be raised in Post-Grant Review. Nevertheless, in order to avoid increasing the burden on patentees, the time to file requests for the Post-Grant Review proceeding is therefore limited. This thesis focuses not only on the current operation of the reexamination system but also the appropriateness of the America Invents Act of 2011.
|Appears in Collections:||Thesis|
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