Increased congressional interest in the patent system has reflected growing recognition of the role patents play in promoting innovation and economic growth. In recent years, a number of bills have proposed changes to the patent system designed to address perceived deficiencies. Several of these bills would have altered the current system of "patent revocation proceedings" administered by the U.S. Patent and Trademark Office (USPTO). The term "patent revocation proceeding" commonly refers to a legal procedure through which members of the public may challenge the validity of an issued patent. Current law provides for two types of patent revocation proceedings: an ex parte reexamination and inter partes reexamination. Some observers believe that these proceedings are underutilized due to shortcomings in their design. Legislative proposals in the 111 th Congress would address existing patent revocation proceedings and also establish a new, more expansive "post-grant review proceeding." Proponents of reform assert that these changes would better fulfill the original purposes of reexamination, ultimately allowing more efficient resolution of patent disputes and improving patent quality. Under the ex parte reexamination regime, any individual, including the patentee, a licensee, and even the USPTO Director himself, may cite a patent or printed publication to the USPTO and request that a reexamination occur. If the USPTO determines that the cited reference does not raise "a substantial new question of patentability," then it will refund a large portion of the requestor's fee. Inter partes  reexamination proceedings resulted in a certificate cancelling all the claims 60% of the time, a certificate confirming all the claims 5% of the time, and a certificate amending at least one claim 35% of the time. Other concerns have arisen with respect to reexamination. Transparent Decisions

Each of the bills calls for the record of the proceedings to be made available to the public. Minimizing Repetitive Charges Against the Patent Owner

The bills also incorporate features that may decrease the possibility that post-grant proceedings may be used against a patent owner in an arguably abusive manner. In the event that reform is considered desirable, these features may be adjusted in view of particular policy goals. Legislation proposing more expansive patent revocation proceedings may be viewed as attempting to achieve the goals of the earlier reexamination statutes: The creation of a predictable, cost-effective, and timely mechanism for resolving patent validity disputes while limiting harassment of the patent owner.
Congressional recognition of the role patents play in promoting innovation and economic growth has resulted in the introduction of legislation proposing changes to the patent system. Among other goals, these changes would potentially decrease the cost of resolving disputes concerning patents, increase commercial certainty regarding the validity of particular patents, address potential abuses committed by speculators, and account for the particular needs of individual inventors, universities, and small firms with respect to the patent system.
In pursuit of these goals, several bills introduced in the 111th Congress would alter the current system of "patent revocation proceedings" administered by the U.S. Patent and Trademark Office (USPTO). The term "patent revocation proceeding" commonly refers to a legal procedure through which members of the public may challenge the validity of an issued patent.
Current law provides for two types of patent revocation proceedings: an ex parte reexamination and inter partes reexamination. Any individual may cite a patent or printed publication to the USPTO and request that an ex parte reexamination occur. If the USPTO determines that the request raises "a substantial new question of patentability," then it will commence the ex parte reexamination. The USPTO will then review the patent with special dispatch. The proceeding results in either a certificate upholding the claims in original or amended form, or a certificate of cancellation rejecting all of the claims of the patent. Inter partes reexamination operates similarly to an ex parte reexamination, but allows more significant participation by the individual requesting the proceeding.
Some observers believe that both types of reexamination have not been widely used and could be improved. As a result, previous legislative proposals have called for their elimination or modification. These bills would have also created a new, more expansive "post-grant review proceeding." This proposed procedure was intended to provide a predictable, cost-effective, and timely mechanism for resolving patent validity disputes and limit repetitive claims against the patent owner.
Patent revocation proceedings involve a number of design parameters that may be adjusted in order to meet certain policy goals. Among these parameters are the time at which the proceeding may begin, the patentability issues that may be addressed, the availability of discovery, and the extent to which participants may reassert unsuccessful arguments in subsequent administrative or judicial proceedings. These parameters may be modified in order to encourage certain policy goals, including timely use and resolution of the proceedings, limiting the possibility of harassment of the patent owner, and providing predictable, effective, and transparent decisions.