What is an ex parte reexamination?
By Eugene T. Reexamination is a statutory procedure that permits the USPTO to reconsider the patentability of the claims in an issued patent in view of prior art which was not considered in the original prosecution of the application. 1.
How long does a patent reexamination take?
The average time before the reexamination is issued is just short of 26 months. Patent owners can appeal the decision through the USPTO or federal courts.
How do I file reexamination?
To request a reexamination, one must submit a “request for reexamination” which includes (1) a statement pointing out each “substantial new question of patentability based on prior patents and printed publications; (2) an identification and explanation for every claim for which reexamination is requested; (3) a copy of …
Does reexamination affect patent term?
Reissue allows patent owners to correct errors in U.S. patents. Reexamination allows anyone to test the validity of a U.S. patent. Neither procedure affects the original patent until either a reissue patent is granted or a reexamination certificate is issued.
What is a patent reexamination?
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.
When can an ex parte reexamination be ordered?
(A) Anyone can request reexamination at any time during the period of enforceability of the patent; (B) In ex parte reexaminations ordered under 35 U.S.C. 304, prior art considered during reexamination is limited to prior art patents or printed publications applied under the appropriate parts of 35 U.S.C. 102 and 103.
How much does an ex parte patent reexamination cost?
The USPTO fee to request an ex parte patent reexamination then rose from $2,520 to $17,750. Both ex parte and inter partes reexamination submits a patent to an examination process similar to the original process it went through when the patent was issued.
What is a substantial new question in Ex parte reexamination?
Ex parte reexamination has been available since 1981 and continues to be available under the America Invents Act (AIA). A substantial new question (SNQ) is a way to reduce harassment of patent owners by forcing the third-party requester to show that the questions against the patent have enough weight.
What is an inter partes reexamination request?
Inter partes reexamination requests can only be filed against patents issued from an application filed in the United States on or after November 29, 1999. In an inter partes reexamination, the third-party requester is allowed to file comments in response to submissions made by the patent owner, and they can appeal the USPTO’s decisions.