What is ex parte reexam?

Ex parte reexamination is a tool that allows a patent owner or a third party to lodge a request for the United States Patent Office (USPTO) to reexamine an already-granted patent based on other patents and publications that they bring to the USPTO’s attention.

What is a reexamination certificate?

Once the reexamination has been concluded, a “certificate of reexamination” is issued. The certificate makes any corrections to a patent as are required under the reexamination. If all the claims in the patent are rejected, the patent gets nullified.

What are the basic in the request for ex parte examination?

The basic characteristics of ex parte reexamination are as follows: (A) Anyone can request reexamination at any time during the period of enforceability of the patent; (B) In ex parte reexaminations ordered under 35 U.S.C.

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. There will be about a ten (10) day lag between filing and data entry into the PALM database.

When Should ex parte examination needed?

(a) Any person may, at any time during the period of enforceability of a patent, file a request for an ex parte reexamination by the Office of any claim of the patent on the basis of prior art patents or printed publications cited under § 1.501, unless prohibited by 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1).

Does reexamination affect patent term?

Reissue allows patent owners to correct errors in U.S. patents. Reexamination allows anyone to test the validity of a U.S. patent. Neither procedure affects the original patent until either a reissue patent is granted or a reexamination certificate is issued.

What is a broadening reissue?

MEANING OF “BROADENED REISSUE CLAIM” A broadened reissue claim is a claim which enlarges the scope of the claims of the patent, i.e., a claim which is greater in scope than each and every claim of the original patent.

When can ex parte reexamination be filed?

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).

What is ex parte example?

Some examples of ex parte orders are orders that: Prevent the other party from taking a child out of the country or state. Prevent the other party from destroying property. Prevent the other party from removing assets in a divorce proceeding.

Can you file ex parte reexamination of an expired patent?