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A reexamination of a patent allows substantial new questions of patentability to be addressed by the United States Patent and Trademark Office. A reexamination request can be filed by anyone. Competitors may do it to invalidate or narrow a patent. Patent owners may do it to have the Office review a technical publication that was reviewed during the initial examination of the patent application, because the patent owner wants confirmation from the Patent Office that an invention is patentable.

There are two processes: “ex-parte reexamination” and, if the patent is young enough, “inter-partes reexamination.” In the ex parte reexamination, only the patent owner communicates with the Patent Office. In the inter-partes reexamination, a requestor may also present arguments to the Patent Office and has a right of appeal.

Arnold & Saunders’s attorneys work in both of these proceedings. Contact us now to inquire further about reexaminations or to see what we can do for your organization.

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