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Re-Examination Proceedings Support

Introduction

In United States patent law, a re-examination is a process whereby a third party or inventor can have a patent re-examined by a patent examiner to verify that the subject matter it claims is patentable. A request for a re-examination can be filed by anyone at any time during the period of enforceability of a patent. A substantial new question of patentability must be present for reexamination to be ordered. The Inventors themselves also file requests for reexamination. Such requests may be filed before the inventors sue another party for infringing the patent, to make sure that the patent is valid in light of any prior art they may have discovered since the issuance of the patent. The re-examination process originated as a cheaper and faster way to settle patent disputes rather than through litigation.

Our Approach

IIPRD has a specialist re-examination practice and has a particular expertise in the re-examination of patents in pharmaceutical & life sciences, electronics & software and mechanical & medical devices sectors. Practitioners at IIPRD clearly understand the procedures involved in Re-examination proceedings and help US Attorneys in supporting them by defining scope of claims, completing documentation, undertaking formalities, along with identifying prior art as and when necessary.