The 2012 America Invents Act set up a system for interested parties to challenge patents after they have been granted (post-grant review). Challengers must bring forward new evidence not previously considered by the Office. A special team of expert examiners within the Office reviews the challenges, and has the power to invalidate the patent if it was granted in error. This allows interesting patents to be reviewed again, with all of the resources that any interested person in the public might bring to bear in searching. The expert patent examiners reviewing these challenges are more likely than a judge to have background knowledge of the technology.
Bloomberg put a strongly negative slant on this. This additional review is good for anyone who appreciates strong, valid patents, but is frustrated by some of the low quality stupid patents that should never have been granted.
https://www.uspto.gov/patents-application-process/appealing-...
Bloomberg put a strongly negative slant on this. This additional review is good for anyone who appreciates strong, valid patents, but is frustrated by some of the low quality stupid patents that should never have been granted.