Reexamination: A Viable Alternative to Patent Litigation?

Dale L. Carlson
Jason Crain
3 YALE SYMP. L. & TECH. art. no. 2

Recent concern over the state of patent law has led Congress to pass legislation reforming patent reexamination procedures. The most significant change made by the legislation is the introduction of what is called inter partes reexamination. The effects of this new procedure will remain uncertain for the next one to two years. However, a preliminary study of inter partes reexamination suggests it will provide a viable alternative to patent litigation in many cases.