As part of our Patents practice, we provide patent reexamination services.
Challenging a Patent Through Reexamination Process
Patent reexamination provides a means for a third party to challenge an issued patent in the US Patent & Trademark Office (USPTO). Additionally, reexamination can provide a patent holder with a means to potentially bolster an issued patent. For example, by having newly discovered prior art considered.
Our patent attorneys handle all forms of patent challenges in court and through the USPTO Patent Trial and Appeal Board. We represent clients in patent reexamination, Inter Partes Reviews, CBM, and other patent challenge proceedings.
Patent Reexamination by Patent Holder or Third Party
Reexamination allows the patent owner or third party to file a request to have a patent reevaluated by the USPTO. Patent reexamination, sometimes referred to as ex parte reexamination, is a proceeding involving only the patent owner and the USPTO. When a third party files a request for reexamination of a patent, the third party does not participate after the filing. Therefore, a challenger cannot point out errors or submit rebuttal points during the patent reexamination process.
Ex Parte Reexamination
A patent holder gets a unique opportunity to bolster its patent through patent reexamination. For example, claims could be sharpened in reexamination, that otherwise might be subject to challenge during litigation. Additionally, the consideration of prior art that the patent holder was not aware of prior to issuance of the patent can be advantageous. However, third parties also utilize reexamination to challenge a patent based on prior art of which they are aware. Additionally, reexamination cost can be less than the standard to initiate inter partes review or other post-grant proceedings.
Patent Reexamination Attorneys
Combining experience in patent prosecution and litigation, we serve both patent holders as well as challengers in patent reexamination proceedings.
Additional Insights Regarding Patent Reexamination
For more information on patent reexamination legal issues, see our Legal Insights and Industry Solutions pages.
