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Even though we have three brand new challenges afforded to us by the American Invents Act, it doesn’t mean we still don’t have our old standby, which is ex parte reexamination. Ex parte reexamination is a very different process, though. It’s been around since the 9180. Ex parte reexamination is handled by the essential reexamination unit which is a collection of some of the better patent examiners at the patent office. It’s contrasted with these American Invents Acts patent trials, though, because the AIA patent trials will be done by administrative law judges in the Patent Trial and Appeal Board. These judges are typically degreed in law and in science, so you have a substantially different flavor from these post-grant proceedings based on the fact that you’ll have three judges sitting on each panel.
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Minneapolis patent attorney Tim Bianchi defines traditional reexamination.