September 15, 2011
Considering the number of calls we get on this topic and the fact that the America Invents Act substantially changes the post-grant picture, this post is coming late. Apologies for that. But, the answer is this: the result of patent reexaminations can be found in the Official Gazette. The Official Gazette is available on Westlaw in the FIP-OG-PAT database and it’s full text searchable. The Manual of Patent Examining Procedure (MPEP) explains that inter-partes reexaminations are assigned series number 95/, ex-partes rexaminations 90/. See MPEP 503. So, to search for the results of inter-partes examinations, try this:
95/! and result /10 re-exam!
For more on reexaminations, check out Inter Partes Reexamination 2d (INTRPARTES), by Matthew A. Smith, an Associate at Foley & Lardner in Washington, D.C.
America Invents Act is currently on Westlaw at 2011 CONG US HR 1249
For commentary on America Invents and post grant review try this search in the Blogs on Demand dabatase (blogsod):
atleast3(re-exam!) and america-invents 1249
atleast3(post-grant) and america-invents 1249