Lack of Inter partes reexamination proceedings

Xenia Kobylarz at the daily journal has written a new article discussing the failure of the inter partes system.

The inter partes procedure has been attempted only 42 times, according to the patent office. And the office has written the procedure out of its new 21st Century Plan – its five-year strategic blueprint – in favor of yet another experimental administrative proceeding based on a process used in European nations and Japan.

A couple of public interest organizations (e.g., EFF and the Public Patent Foundation) are stepping in as guinea pigs for the system.

The outcome of Public Patent Foundation’s highly public request for reexamination may determine the future use of the procedure.