EX PARTE REEXAMINATION
Once your patent is approved, there’s many other ways to further strengthen its protection.
Post Patent Approval
What is Ex Parte Reexamination?
Reexamination is a post-grant proceeding that allows highly skilled examiners at the United States Patent & Trademark Office to consider information that is material the patentability of an issued patent.
To initiate reexamination of the patent, an interested party must submit prior art that raises a substantial new question of patentability. The interested party is often a third party involved in an infringement lawsuit filed by the patent holder. In such a case, the trial proceeding may be put on hold pending the outcome of the reexamination proceeding.
Sometimes, a reexamination proceeding is initiated by the patent holder. The rationale for such a reexamination proceeding is to ascertain the validity of the patent in view of any patents and printed publications that have been uncovered since the grant of the patent.
During the reexamination proceeding, the patent owner can narrow, cancel or submit new claims. A reexamined patent expires on the same day the originally granted patent would expire.
It should be noted that, aside from the initial filing of the Reexamination Request, the requestor has no further involvement with the reexamination proceeding.
Experienced Patent Attorneys
The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.
Let’s Talk About Your Invention
Phone Consultation
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In-Person Consultation
Prefer a face-to-face and a handshake? We have offices in Chicago or Naperville, Illinois.
Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time to discuss your intellectual property with an experienced patent attorney.
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Patent FAQs
Here’s a list of the most frequently asked questions about patents. Open each to see our pages dedicated to that topic.
How long does it take to get a patent in Chicago?
The timeline varies depending on the type of patent and the USPTO’s backlog. On average, utility patents take 1-3 years, while design patents are typically processed faster.
What is the cost of filing a patent?
Patent costs vary based on complexity. A utility patent can range from $5,000 to $15,000+, including USPTO and attorney fees. Design patents generally cost less.
Can I enforce my patent if someone infringes on it?
Yes, patent owners can legally enforce their rights and may file lawsuits in federal court for injunctions or damages. A patent attorney can help navigate the process.
What is the difference between utility and design patents?
- Utility Patents protect the functionality of an invention (valid for 20 years).
- Design Patents protect the appearance (valid for 15 years).
Do I need a patent attorney to file a patent?
While not required, working with a patent attorney significantly improves your chances of success, ensuring a strong, well-drafted application and USPTO compliance.
How do I check if my invention is already patented?
A patent search helps determine if an idea is novel. You can search the USPTO database, but a comprehensive attorney-conducted search provides the most reliable results.