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?
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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, 2013 at 1:09
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Also look into micro entity fees. That could be as low as $3,000.– Aron SteinDec 13, 2013 at 3:40
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There is an asterisk on that $3000. It is not available for third parties, only for the patentee themselves.– George White ♦Dec 13, 2013 at 5:07
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1 Answer
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.
answered Dec 13, 2013 at 1:34
