Ex Parte Reexamination Lawyers
At PV Law LLP, based in Washington, D.C., our intellectual property lawyers can assist you with a wide range of patent concerns, including ex parte reexaminations. An ex parte reexamination is a procedure facilitated by the United States Patent and Trademark Office (USPTO) that enables any party to challenge the validity of a patent based on prior art patents and publications. This process is termed “ex parte” as it primarily involves the patent owner and the USPTO, with minimal involvement from the third party who initiated the reexamination once the process starts.
Our attorneys are well familiar with ex parte reexamination proceedings, having represented both patent owners and third-party challengers. We bring a wealth of knowledge and a diverse array of technical degrees – from engineering to molecular biology – along with valuable legal experience. With over a century of combined experience, we provide formidable IP strategies paired with cost-effective solutions. Serving a global clientele, we are equipped to assist you in English, Korean and Chinese, ensuring that your innovations receive the protection they deserve across all borders.
Understanding An Ex Parte Reexamination
The process begins when a request is submitted to the USPTO by either the patent owner or any third party. This request must identify a substantial new question of patentability (SNQ) based on prior art that includes patents or printed publications. The USPTO then reviews the request to determine if it indeed raises an SNQ. If such a question is identified, the USPTO orders the reexamination.
Following this, the patent owner is given an opportunity to respond with amendments or arguments to address the issues raised by the reexamination request. A patent examiner conducts a thorough review of the patent in the context of the presented prior art and arguments. This phase may involve multiple rounds of communications, such as office actions and responses, between the patent examiner and the patent owner. After the examination is complete, the USPTO issues a certificate that confirms, amends or cancels the claims of the patent based on the findings from the reexamination.
The ex parte reexamination can be filed by anyone, including individuals, companies or even the patent owner themselves. If the requester is not the patent owner, they can choose to remain anonymous, which can be advantageous in certain competitive situations. It is important to note that the requester does not need to demonstrate any specific interest in the patent or prove potential infringement to initiate a reexamination.
How Long Does An Ex Parte Reexamination Take?
The duration of an ex parte reexamination varies depending on the complexity of the patent and the issues raised during the reexamination process. The USPTO endeavors to conduct such proceedings with greater speed than the normal examination of patent applications. Typically, the process can take from a few months to a couple of years. Throughout the reexamination, the USPTO rigorously evaluates all pertinent information submitted, ensuring that each claim of the patent complies with statutory requirements. Our firm diligently supports our clients throughout this period, providing strategic guidance to navigate this rigorous process efficiently.
What Is The Difference Between Supplemental Examinations And Reexaminations?
Supplemental examination and ex parte reexamination are both procedures used to review patents after they have been issued, but they serve different purposes and follow distinct processes. Supplemental examination allows a patent owner to proactively address potential issues regarding a patent’s validity before any litigation claims by submitting additional information to the USPTO.
This process may cleanse any potential inequitable conduct associated with the patent. In contrast, ex parte reexamination can be triggered by anyone and is strictly focused on reevaluating the patent’s claims against new questions of patentability based on prior art or publications.
Work With Experienced Intellectual Property Attorneys
At PV Law LLP, we understand that navigating the complexities of patent validation and challenges can be daunting. With our sophisticated understanding of both the legal landscape and technical fields, we are exceptionally positioned to protect your intellectual property rights. Whether you are engaging in an ex parte reexamination or navigating other aspects of patent law, our experienced attorneys are here to ensure your innovations are thoroughly safeguarded.