Define: Reexamination

Reexamination is a legal process that allows a party to challenge the validity of a granted patent before the United States Patent and Trademark Office (USPTO).

Any person can request reexamination of a patent, including the patent owner, a third-party, or even the USPTO itself.

Reexamination can be requested based on prior art, which includes any existing patents, published patent applications, or other publicly available information that may invalidate the patent in question.

A request for reexamination must be filed within six months from the date the patent was granted.

During reexamination, the USPTO reviews the patent in light of the prior art presented by the requesting party. The patent owner has an opportunity to respond to the challenges and present arguments in support of the patent’s validity.

Yes, the patent owner can propose amendments to the claims of the patent during reexamination to address any issues raised by the prior art.

The duration of reexamination can vary, but it typically takes around one to two years from the filing of the request until a final decision is reached.

Yes, both the patent owner and the requesting party have the right to appeal the USPTO’s decision during reexamination. The appeal process involves presenting arguments and evidence to the Patent Trial and Appeal Board (PTAB).

Yes, a patent owner can still enforce their patent rights during reexamination. However, the outcome of the reexamination may affect the validity and enforceability of the patent.

Generally, reexamination can only be requested once for a particular patent. However, if new prior art is discovered or if the USPTO made an error during the initial reexamination, it may be possible to request a subsequent reexamination.