Early Test of USPTO's Ex Parte Preorder Filing Leads to Re-Exam Denial

The U.S. Patent and Trademark Office denied Jiaxing Super Lighting Electric Appliance Co.'s request for ex parte reexamination of an LED lighting technology patent owned by Finnegan client Xiamen PVTECH Corp, finding no substantial new question of patentability (SNQ) after PVTECH submitted a preorder filing outlining its argument. The decision is an early example of a patent owner that has overcome such a challenge via the office’s new preorder filing process.

Finnegan partner Lionel Lavenue said in a statement to MLex that the decision is "an important early result" under the new preorder procedure.

"The preorder process gave PVTECH an opportunity to explain at the outset why Super Lighting's request failed to raise a substantial new question of patentability. The USPTO agreed and declined to order reexamination," he said. "We will continue to vigorously defend PVTECH's patent rights before the USPTO and enforce those rights in the Eastern District of Texas."

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