What is a reexamination patent?

What is a reexamination patent?

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.

What is a substantial new question of patentability?

A prior art patent or printed publication raises a substantial question of patentability where there is a substantial likelihood that a reasonable examiner would consider the prior art patent or printed publication important in deciding whether or not the claim is patentable.

Who can file ex parte reexamination?

Any person, at any time during the period of enforceability of a patent, may file a request for ex parte reexamination by the U.S. Patent and Trademark Office of any claim of the patent based on prior art patents or printed publications, unless prohibited by the estoppel provisions of AIA 35 U.S.C.

What is a reexamination USPTO?

In United States patent law, a reexamination is a process whereby anyone—third party or inventor—can have a U.S. patent reexamined by a patent examiner to verify that the subject matter it claims is patentable.

What is patent reexamination?

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.

What is post grant review?

Post grant review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent on any ground that could be raised under § 282(b)(2) or (3).

Can you file ex parte reexamination of an expired patent?

Specifically, if litigation is instituted within the period of the statute of limitations, requests for reexamination may be filed after the statute of limitations has expired, as long as the patent is still enforceable.

What is the definition of reexamination?

Definition of reexamination 1 : the act or process of examining something again especially from a different viewpoint …

How much does a post grant review cost?

PGR can challenge any ground of invalidity, reexamination can only challenge on prior art grounds. The fee for filing an ex parte reexamination is $12,000. The fee for filing a petition for PGR is $12,000 to challenge the validity of up to 20 claims and $250 per each additional claim beyond the twentieth.

What is the difference between post grant review and inter partes review?

Inter partes review is akin to inter partes reexamination in that it is limited to prior art grounds based on patents and printed publications, whereas post-grant review can be based on any grounds that are available for an invalidity defense.

Can you broaden claims in reexamination?

In 35 U.S.C. 305, it is stated that “[n]o proposed amended or new claim enlarging the scope of a claim of the patent will be permitted in a reexamination proceeding….” A claim presented in a reexamination “enlarges the scope” of the patent claim(s) where the claim is broader than each and every claim of the patent.

Can I revive abandoned patent?

When an amendment is filed after the expiration of the statutory period, the application is abandoned and the remedy is to petition to revive it. The examiner should notify the applicant or attorney at once that the application has been abandoned by using Notice of Abandonment form PTOL-1432.

What is a broadening reissue?

MEANING OF “BROADENED REISSUE CLAIM” A broadened reissue claim is a claim which enlarges the scope of the claims of the patent, i.e., a claim which is greater in scope than each and every claim of the original patent.

Can you ask leading questions in re examination?

This way, the witness is the one providing the evidence to the enquiry. For this reason, it is not appropriate to ask leading questions. A leading question is a question that presume a particular answer.

How much does it cost to file for inter partes review?

A rough ballpark estimate of the costs of an inter partes review is approximately $300K to $600K. That is by no means cheap, but may still be considered a bargain compared to the costs of defending a patent infringement litigation in federal court which could easily reach $1-4 million or more.

When to file an ex parte reexamination of a patent?

(a) Any person may, at any time during the period of enforceability of a patent, file a request for an ex parte reexamination by the Office of any claim of the patent on the basis of prior art patents or printed publications cited under § 1. 501. The request must be accompanied by the fee for requesting reexamination set in § 1. 20 (c) (1).

What are historical statistics for reexamination requests?

These historical statistics are data for requests for reexamination filed since 7/1/1981 (for ex parte) or since 11/29/1999 (for inter partes). They are updated quarterly.

What are the basic characteristics of Ex parte reexamination?

The basic characteristics of ex parte reexamination are as follows: (A) Anyone can request reexamination at any time during the period of enforceability of the patent;

What is the process for reexamination of issued patents?

Procedures for reexamination of issued patents began on July 1, 1981, the date when the reexamination provisions of Public Law 96-517 came into effect. The reexamination statute, 35 U.S.C. 302, and rules permit any person to file a request for an ex parte reexamination containing certain elements and the fee required under 37 CFR 1.20 (c) (1).