Terms and Concepts

Decision Makers

The ultimate arbiter of patent validity is different in the district court than it is in patent reexamination proceedings.  This may be stating the obvious, but this fact has very real consequences.  Patent validity challenges in district court are determined by a judge or jury that more often than not has absolutely no technical background in the relevant art.  Before the CRU, on the other hand, patentability is determined by technically trained, experienced patent examiners.  Moreover, the CRU assigns a three examiner team to each reexamination.