Reexamination & Reissue

As patents become the means for taking patent licenses, it is helpful to deflect such patents cited against your products or processes by initiating a Reexamination proceeding against the cited patent. We can guide you through this process to seek invalidity of the cited patent. Sometimes Reexamination of a patent is initiated to strengthen the patent before embarking on a future lawsuit against a third party. Our experienced attorneys can help search relevant prior art, if it exists, for considering reexamination of your own patent. We can also correct deficiencies of your existing patents by initiating a Reissue process for your issued patent.

Strategic Portfolio Correction

Reissue and reexamination aren't just for fixing mistakes; they are strategic tools for asset management. Drawing on our experience in IP audits and licensing, we use these proceedings to:

• Strengthen Claims Before Litigation: If we find better prior art during an internal audit, we can preemptively cite it to the USPTO to "immunize" the patent against that specific attack in court.
• Broader Claiming: Within two years of issuance, a broadening reissue can capture competitor products that weren't originally covered, significantly increasing the asset's value.
• Clean Up the Record: Correcting errors in priority claims or inventorship ensures that a key asset doesn't fail due to a technicality during a due diligence event.

When To Consider Reexamination Or Reissue

These post-grant tools can be useful when a patent is being asserted against you, when you want to strengthen an asset before licensing or enforcement, or when you discover an issue in an issued patent that should be corrected. We help you evaluate timing, objectives, and practical tradeoffs before moving forward.

What We Do

We coordinate prior art review, develop a clear strategy, and guide the process end-to-end, including preparing filings, managing deadlines, and aligning the approach with your business goals.