What is a patent reexamination?

A patent reexamination is a process in which a patent can be re-examined in order to determine whether the patent is valid and enforceable. In California, a patent reexamination by the United States Patent and Trademark Office (USPTO) is initiated when someone requests a reexamination of an issued patent. All parties involved in the patent process, including the patent owner and any third-parties with an interest in the patent, are provided with an opportunity to present evidence and arguments in the reexamination proceedings. The reexamination process is conducted by a Patent Reexamination Board which is made up of Patent Examining Corps members with particular knowledge in the relevant field of technology. This board is responsible for determining whether the claims of the patent are valid and supported by the evidence. If the claims of the patent are found to be valid, the patent will remain in force. If the claims of the patent are found to be invalid, the patent will be revoked. The reexamination process offers parties involved in the patent process the opportunity to challenge a patent if it is believed to be invalid. It also allows inventors who believe their patent is improperly granted to present their case to the USPTO and seek relief in the form of a reexamination that may result in a restoration of the patent. Although it can be a lengthy process, a patent reexamination is an essential part of patent law in California.

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