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Is There Still a Place for Traditional Re-Examination?

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There still is a place for traditional reexamination. One of the things you can do with ex parte reexamination that you can’t do with the AIA patent trials is as a patent owner, you can file a reexamination request yourself. That just simply can’t be done with IPRs, CBMs, or PGRs. Also, ex parte reexamination is a relatively inexpensive mode of challenging the patent because once you file your request for reexamination, you’re essentially out of the proceeding and not incurring all the costs of inter partes proceedings such AIA patent trial.

Minneapolis patent attorney Tim Bianchi explains how there is still a place for traditional reexamination.

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