Post Therasense: why supplemental examination is less attractive
Supplemental examination (SE) was created with the passage of the America Invents Act (AIA) in September 2011. A request for SE may be filed only by the patent owner (but not a third party) and may include the submission of any ‘information’ (ie, is not limited to submitting prior art).
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1 May 2015 The STRONG Act is in the wings but if it does not pass any time soon, patent owners can still pressure the USPTO to change its claim construction practice, as Eugene Perez of Birch, Stewart, Kolasch & Birch describes.