Patent reexamination is a key process that inventors must understand for protecting an invention for which they already hold a patent. The process can either bolster the strength of a patent or jeopardize its validity, depending on the newly submitted prior art. A Boca Raton patent reexamination lawyer can help you file a request for reexamination and represent your interests moving forward.
The United States Patent and Trademark Office (USPTO) process for granting a patent is usually both detailed and thorough. An examiner reviews an application and determines patentability based on prior art and other technical requirements. However, it is possible for questions about patentability to exist because of unexamined prior art or teachings in printed publications.
A patent holder or third-party requester can submit this information in a request for reexamination to have a USPTO examiner determine if any changes to the prior patent certificate are necessary. A third party may seek a patent reexamination because it interferes with a prior patent of theirs or conflicts with an invention for which they are seeking a patent in the future. Alternatively, a patent holder may preemptively seek reexamination to formally distinguish their patent from prior arts, and establish the prior art’s limitations on their patent claim.
The patent reexamination process begins by submitting a request to the Central Reexamination Unit of the USPTO. The initial filing generally requires the following items:
The filing process also involves many technical requirements within each of these steps, which is why the help of a Boca Raton lawyer experienced in patent reexamination is often beneficial to avoid the risk of a rejected filing. For example, each request for reexamination must clearly state a substantial new question of patentability. This serves as the basis for the proposed rejection(s) of patent certificate as it currently exists. The application must also state the rejections requested under a patent reexamination with a detailed explanation of why rejection is appropriate. Additionally, third party requesters must serve a copy of the reexamination filing to the patent owner by using the correspondence address in the patent file.
After confirming a reexamination request’s compliance with the filing requirements, an examiner will assign a filing date. The examiner will proceed to review the merits of the request and determine if a reissue application is necessary. The reissue application is how the USPTO corrects the errors to the patent identified in the reexamination.
Reexamination is a valuable process for getting the USPTO to consider new information relevant to previously issued patent. Whether you are a patent owner or have an interest in the reach of another’s patent, a request for reexamination may necessary. Our Boca Raton patent reexamination lawyers can help you navigate this process to meet your intellectual property goals. Schedule a free consultation today with The Lomnitzer Law Firm to learn more about this topic.
