Ex parte reexamination is a proceeding in which any person (third party or patent owner) may request reexamination of a U.S. Patent based on one or more prior patents or printed publications. A requester who is not the patent owner (i.e., a “third party requester”) has only limited participation rights in the proceeding.
A request for reexamination must establish that prior patents and/or printed publications establish a substantial new question of patentability in order for the USPTO to grant the ex parte reexamination. Ex parte reexamination proceeding occur between the USPTO and the patent owner, with notices sent to any third party requester. If the ex parte reexamination is granted, a final determination by the USPTO may take over 2 years.
Please contact us for an in-depth consultation to determine if ex parte reexamination is appropriate to accomplish your goals.