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- You don't understand the process.
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To invalidate a patent.
Some one files a complaint.
USPO reviews it and gives a ruling. (Persons complaining are not allowed to participate. They simply file the compaint and their reason for it.)
Patent holder asks that it be reviewed again if they don't like the ruling. (Persons complaining are not allowed to participate.)
USPO reviews a second time and gives a ruling. (That is where its at now)
Patent holder can now ask for a three judge review to explain why they believe the patent is valid. No other parties may be involved with this at all. (People having filed the compaint are not allowed to participate.)
If the panel rejects the patent, the patent holder can then seek an appeal in a Federal Court. (Court decides if the people complaining may participate. Usually not allowed.)
If the Federal Court doesn't agree, the patent holder can then file a further appeal to a higher court.
Trust me when I say this thing is a very, VERY long way from being over. - Posted by: No_Ax_to_Grind Posted on: 02/25/06 You are currently: a Guest | Members login | Terms of Use
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