Reexamination is a process in which the U.S.P.T.O. re-examines the claims of an issued patent in light of evidence that raises a “substantial new question of patentability.” Last week, the Patent Office issued a non-final Office Action rejecting all 20 claims of a patent affectionately known as “the Steve Jobs patent,” effectively rendering the patent invalid in its current form. The patent covers touchscreen heuristics implemented in the user interface of the iPhone. This is the second time in as many months that the Patent Office has issued such a rejection in reexam for an Apple patent. In October, the U.S.P.T.O. issued a non-final Office Action rejecting all 20 claims of U.S. Patent No. 7,469,381, directed to the overscroll bounce feature, or “rubber banding” effect seen when a user attempts to scroll beyond the end of a webpage or other screen. Apple will have the opportunity to plead its case on both patents to the Patent Office, and possibly amend its claims to keep the patent alive (abeit with a possibly more narrow scope of protection). It will be fighting an uphill battle, however, as all, rather than only some, of the issued claims were rejected in the patents-at-issue. Widespread rejection sometimes indicates broad prior art or the discovery of a possible statutory bar to patentability. Still, it’s early in the process, and the patents may ultimately overcome these initial rejections.

Source: http://www.fosspatents.com/2012/12/us-patent-office-declares-steve-jobs.html

For more information on patent reexamination, please visit our patent service page.

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