Take the 2-minute tour ×
Ask Patents is a question and answer site for people interested in improving and participating in the patent system. It's 100% free, no registration required.

I am in the process of filing a reexamination request for patent 8,605,152: Method and apparatus for yoga class imaging and streaming.

Under what grounds would I challenge a patent for an instructional video?

share|improve this question
    
A reexamination request has a filing fee of $6000, assuming you qualify as a small entity. I would highly recommend getting professional assistance to insure it was well spent. –  George White Dec 13 '13 at 1:09
    
Also look into micro entity fees. That could be as low as $3,000. –  Aron Stein Dec 13 '13 at 3:40
    
There is an asterisk on that $3000. It is not available for third parties, only for the patentee themselves. –  George White Dec 13 '13 at 5:07

1 Answer 1

up vote 1 down vote accepted

The grounds for an exparte reexamination are restricted to novelty and obvious challenges based on patents or published documents and on section 112 issues. Section 112 includes the requirement for proper support for claims in the specification, the claims not being indeterminate, and the specification being enabling.

The allowed grounds do not include section 101 which sets out subject matter requirements. Claim 1 of this patent seems to positively require students, who, I presume are human. It may seem silly, but this is "patenting humans" and is not allowed under previous policy and was codified in the AIA.

share|improve this answer

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.