{"id":15815,"date":"2019-03-22T11:07:16","date_gmt":"2019-03-22T11:07:16","guid":{"rendered":"https:\/\/legaladvantage.net\/?p=15815"},"modified":"2024-01-12T11:09:52","modified_gmt":"2024-01-12T11:09:52","slug":"re-examination-systems","status":"publish","type":"post","link":"https:\/\/legaladvantage.net\/2019\/03\/re-examination-systems\/","title":{"rendered":"Re-examination Systems"},"content":{"rendered":"\t\t
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Re-examination Systems\n<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A re-examination is a proceeding conducted by the patent office after the patent is granted. In most countries, procedures exist to provide the opportunity for third parties or inventors to request a re-examination of the granted patent. In many countries, a re-examination system is provided as an alternative to the opposition system. In comparison to the opposition system, the re\u2011examination is not time-bound and can be requested anytime during the lifetime of the patent\u2019s enforceability.<\/p>

The main objective of the reexamination is similar to other revocation proceedings conducted at the administrative level by the patent office, such as post-grant opposition or invalidation. Meaning, it provides a relatively quick and inexpensive alternative to litigation to reconsider the validity of an issued patent in view of new prior art or on other grounds, as provided in the applicable law to correct a patent which was inadvertently issued.<\/p>

Generally, in many countries, the re-examination is conducted by a single examiner or the division of the patent office which has granted the patent earlier, in comparison to a full opposition board in the case of post-grant oppositions.<\/p>

In some countries the re-examination procedures are conducted largely without the participation of the requester in the conduct of the re-examination called \u2018ex-parte\u2019 and it\u2019s often characterized as a system that provides for quality check through a second patent examination. In some other countries, the reexamination procedure is inter-parte in which requester takes part in the re-examination process.<\/p>

In the United States of America, there are 3 methods of re-examination<\/span><\/h2>

These provisions resolve patent validity disputes more quickly and less expensively than litigation, permitting courts to defer issues of patent validity to the expertise of the USPTO. The re-examination proceedings allow anyone, including the patent owner, to file a request for re-examination of any claim of a patent by providing the USPTO with a written request for re-examination accompanied by the fee, the relevant prior art, and the manner of applying the prior art to the claim(s) at issue.<\/p>