Patent reexamination is a process where an inventor or a third party can have a U.S. patent reexamined by a USPTO patent examiner to verify that the claimed subject matter is patentable. A request for a reexamination can be filed by anyone at any time during the period of enforceability of a patent. To request a reexamination, the inventor or a third party must submit a "request for reexamination," which will include, at a minimum, the following:
After reviewing the reexamination
materials above, if the USPTO finds that the request indeed raises a substantial new question of patentability, the USPTO will order a reexamination.
Investors and third parties can file request for reexamination. Often before initiating litigation, an inventor will file for a reexamination to ensure that a patent remains valid over the particular newly discovered prior art. This will give the inventor a greater assurance that the patent remains enforceable and potentially lucrative. Requests for reexaminations can also be filed by third parties, some of whom may be already embroiled in an infringement lawsuit. A reexamination can be a cost-effective way for third parties to keep invalidation and, potentially, put a federal district court trial proceeding on hold pending the outcome of the reexamination. However, once the request for reexamination is initiated, the USPTO does not allow the initiating third party to participate in the reexamination process even if that third party has valid complaints about the proceedings or the evidence used therein. Our Dallas patent attorneys specialize in patent reexamination proceedings and other post-grant proceedings. We understand how to protect the property rights of inventors best.
Our Dallas Patent Reexamination attorneys have earned a reputation for aggressive, responsive, efficient, and most importantly, successful litigation. While we are prepared to take every case to trial, we know from our clients' perspective that often, the best litigation is the one that settles in mediation. Our straight forward unbiased guidance can help you avoid litigation whenever possible. However, if needed, our litigators are skilled in negotiation techniques and have a reputation for achieving very favorable results for our clients both in-court and out-of-court. Our IP lawyers can prepare and file patent reexamination petitions, given our extensive IP skills and experience.
COMPARISION OF | EX PARTE REEXAM | POST GRANT REVIEW |
---|---|---|
Timing of Filing | Anytime | Within 9 Months of Patent issuance |
Who May File | Owner & Third Parties | Third Parties |
Where to File | CRU | PTAB |
Proof Required | Raises substantial new question of patentability | More likely than not |
Prior Art Evidence | Patents & printed publications only | All patents, publications, prior and products. |
Invalidity Basis | 35 USC 102, 103 | 35 USC 101, 103, 103, 112 |
Discovery | None | Limited to evidence related to arguments asserted in petition. |
Appeal | Only patent owner can appeal to PTAB | Appeal to Federal Circuit |
Duration | 36 Months | 12-18 months |
Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.
Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you.
(972) 248-8080 (Dallas) MAIN OFFICE
(713) 830-2207 (Houston) Appointment Only
(512) 691-4100 (Austin) Appointment Only
For more information on how we can assist in your intellectual property, commercial litigation, or other personal needs, let us know how we can help you:
Disclaimer:
This form does not establish an attorney-client relationship, and should only be used to contact the firm about scheduling a call or meeting. No confidential or sensitive information should be sent using this form.
The law office of Wilson Legal Group P.C. (d/b/a Wilson Whitaker Rynell) represents clients nationwide, including Dallas, Austin, Houston, and other Texas areas such as Fort Worth, Arlington, Carrollton, Plano, Allen, Lewisville, Flower Mound, Irving, Denton, McKinney, North Richland Hills, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.
Wilson Whitaker Rynell
16610 Dallas Parkway, Suite 1000
Dallas, Texas 75248
972-248-8080 (MAIN)
972-248-8088 (FAX)
info@wrrlegal.com (E-MAIL)