In re Swanson: Reaffirming a Substantially Old Question

<b>In re Swanson</b> will likely have the effect of encouraging even more third-party ex parte re-examination requests, while only discouraging an applicant's incentive to perform a patent search to provide the best art to the PTO.

18 minute read January 30, 2009 at 11:39 AM

Bryan Gallo

In re Swanson: Reaffirming a Substantially Old Question

According to the legislative history accompanying 35 U.S.C. '303(a), Congress intended the re-examination procedure to provide an important “quality check” on patents that would allow the government to remove defective and erroneously granted patents.

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