What is patent reexamination?

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.

Does reexamination affect patent term?

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.

When Should ex parte examination needed?

A request for ex parte reexamination can be filed at any time after a patent is granted and up to six years after it expires (a case-by-case determination may result in longer or shorter applicable time periods).

How does ex parte reexamination work?

Ex parte reexamination is a tool that allows a patent owner or a third party to lodge a request for the United States Patent Office (USPTO) to reexamine an already-granted patent based on other patents and publications that they bring to the USPTO’s attention.

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 find patent reexamination?

Using the USPTO Intranet Click on “Search” and when the “Patent Number Information” appears, click on “Continuity Data” to obtain the reexamination number. Any reexamination for the patent number will be listed.

Can you file ex parte reexamination of an expired patent?

Is patent prosecution an ex parte?

Ex parte prosecution is conducted between the applicant(s) and a patent examiner. In contrast, inter partes proceedings (e.g., IPR, covered business-method review, and post-grant review) involve the participation of a third-party petitioner in addition to the patent owner and the board.

How many US trademarks are there?

893,760
In 2019, a total of 893,760 resident and abroad trademarks were successfully registered by U.S. companies. This is an increase from 2003, when 303,073 trademarks were registered by U.S. companies.

What is an IPR patent review?

Inter partes review is a new trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications.

What is ex parte meaning?

In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.

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 …