Patent reexamination is normally considered a defensive tool to invalidate a patent.
Filing the reexamination request calls for sophisticated counsel with significant experience in patent prosecution and keen sensitivity to litigation and business issues.
However, we also believe every reexamination calls for equally sophisticated patent counsel to represent the patent owner.
Reexamination begins with a written challenge that attempts to show why an issued patent is not valid over the prior art. After the initial challenge, the patent owner has opportunity to make its case for validity.
There are two types of reexamination proceedings.
Inter partes reexamination involves a series of written interactions among a patent examiner, a patent owner, and a challenger. During the reexamination, the challenger remains involved in the conversation.
Ex parte reexamination involves a series of written interactions between the patent examiner and the patent owner. After filing the initial request, the challenger becomes a spectator.
Whether to file a reexam and which type of reexamination to use depends heavily on a range of circumstances. How a patent owner responds during reexamination is also critical. To learn more, please contact us to schedule a private appointment.