Ex parte and Inter partes Reexamination Counseling and Prosecution

The use of ex parte and inter partes reexaminations can be very useful tactics when properly integrated with licensing and litigation strategies. However, proper counseling concerning reexaminations is important. The differences in timing, costs, downside effects and probability of success vary greatly between the two types of reexaminations. As a result, it is important for a requestor to obtain the proper counseling when preparing and prosecuting a reexamination. As a patentee, it is important to have proper counsel in defending a reexamination regardless of the likelihood of success.

Reinhart's Intellectual Property group has experience in bringing and defending reexaminations and tactically using reexaminations to optimize licensing and litigation results in electrical, mechanical, chemical and biomedical technologies.

Both types of reexaminations are controlled by portions of Title 35 of the U.S. Code; numerous regulatory provisions of Title 37 of the Code of Federal Regulations; a combination of Chapters of the Manual of Patent Examining Procedures (MPEP) and other procedures used by the U.S. Patent and Trademark Office (USPTO). We understand the timing constraints in all reexaminations and are aware that the request format and inflexible due dates are critical in these situations.

In addition, we are experienced in appeals to the Board of Patent Appeals and Interferences and to the Court of Appeals for the Federal Circuit.

Please call your Reinhart attorney at 800-553-6215 to learn more. Or, you can submit an email inquiry by clicking here.