Reexamination and Reissue

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Reexamination and Reissue

As patents become the means for taking patent licenses, it is helpful to deflect such patents cited against your products or processes by initiating a Reexamination proceeding against the cited patent. We can guide you through this process to seek invalidity of the cited patent. Sometimes Reexamination of a patent is initiated to strengthen the patent before embarking on a future lawsuit against a third party. Our experienced attorneys can help search relevant prior art, if it exists, for considering reexamination of your own patent. We can also correct deficiencies of your existing patents by initiating a Reissue process for your issued patent.

A reissue application is filed to correct an error in the patent, where, as a result of the error, the patent is deemed wholly or partly inoperative or invalid. An error in the patent arises out of an error in conduct which was made in the preparation and/or prosecution of the application which became the patent.  There must be at least one error in the patent to provide grounds for reissue of the patent. If there is no error in the patent, the patent will not be reissued. The present section provides a discussion of what may be considered an error in the patent upon which to base a reissue application.  

Source: https://www.uspto.gov/web/offices/pac/mpep/s1402.html 

 

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