What is a reexamination certificate?
A reexamination certificate is a document issued by the United States Patent and Trademark Office (USPTO) that modifies a patent that has been granted in the state of North Carolina. The reexamination process allows a patent that has already been granted to be challenged and potentially changed depending on the outcome of the review. The patentee (patent owner) initiates the process of reexamination when they feel another party may have infringed on the patent in some way. In North Carolina, the USPTO will perform a review and analysis of the original patent if the patentee believes that a patent should be reexamined, then issue a reexamination certificate after it makes a final decision. The reexamination certificate states that the patent has been modified in some way, such as changing the scope of the claims included in the patent, or adding language that eliminates portions of the patent. A reexamination certificate is generally issued if the USPTO determines that the existing patent should remain in effect, but that certain changes should be made within the patent. In North Carolina, any changes made as a result of a reexamination certificate become effective on the date that the certificate is issued. The USPTO keeps a record of all reexamination certificates issued for patents granted in the state. This helps to ensure that all parties affected by the patent are aware of the changes that have been made.
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