When Should ex parte examination needed?
A request for ex parte reexamination can be filed at any time after a patent is granted and up to six years after it expires (a case-by-case determination may result in longer or shorter applicable time periods).
How do I find patent reexamination?
Using the USPTO Intranet Click on “Search” and when the “Patent Number Information” appears, click on “Continuity Data” to obtain the reexamination number. Any reexamination for the patent number will be listed.
What is reexamination certificate?
The reexamination certificate will set forth the results of the proceeding and the content of the patent following the reexamination proceeding. The certificate will: (A) cancel any patent claims determined to be unpatentable; (I) identify patent claims, dependent on amended claims, determined to be patentable.
Who can file ex parte reexamination?
Any person, at any time during the period of enforceability of a patent, may file a request for ex parte reexamination by the U.S. Patent and Trademark Office of any claim of the patent based on prior art patents or printed publications, unless prohibited by the estoppel provisions of AIA 35 U.S.C.
What is an IPR patent review?
Inter partes review is a new trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications.
How do I file reexamination?
To request a reexamination, one must submit a “request for reexamination” which includes (1) a statement pointing out each “substantial new question of patentability based on prior patents and printed publications; (2) an identification and explanation for every claim for which reexamination is requested; (3) a copy of …
How long does a patent reexamination take?
The average time before the reexamination is issued is just short of 26 months. Patent owners can appeal the decision through the USPTO or federal courts.
Who can file an IPR?
Under 35 U.S.C. § 315(a)(1), any person other than the patent owner may file a request for IPR if they have not previously filed “a civil action challenging the validity of a claim of the patent,” such as a declaratory judgment action.
How long does an IPR take?
IPR proceedings take less time than litigation to reach a final disposition, usually 18 months or less from filing the petition. IPR proceedings are substantially less expensive than litigation.