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A request for a reexamination can be filed by anyone at any time during the period of enforceability of a patent. To request a reexamination, one must submit a "request for reexamination" which includes (1) a statement pointing out each "substantial new question of patentability based on prior patents and printed publications; (2) an identification and explanation for every claim for which ...
Unlike reissue, reexamination may be requested not only by the patent holder or inventor, but by anyone, including anonymously, although whoever requests reexamination must also submit a fee, which is substantially higher than filing a new patent application. A benefit of reexamination is that issued patents may be either invalidated or once ...
If the United States Patent and Trademark Office (USPTO) fails to examine a patent application in time (deadlines for various steps are different), the patent term may be extended. [7] Extensions or other delay taken by the applicant can reduce or eliminate the extension. [7] This extension is known as a patent term adjustment (PTA).
The Preservation Clause ("In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved") sets out the types of cases juries are required to decide, while the Re-examination Clause ("[N]o fact tried by a jury, shall be otherwise re-examined in any Court of the United States ...
The threat of reexamination is then used as leverage in licensing negotiations, intimidating patent-holders into settling out of court for lower amounts than those to which the value of their patents might entitle them." [54] Reexamination requests from companies accused of patent infringement have recently more than tripled. [55] "Ironically ...
However, patent term adjustment or extension are possible if the USPTO fails to issue a patent within 3 years after filing the full application, subject to various conditions on the applicant. [29] [circular reference] The rules for drafting and filing a patent application are set out in the Manual of Patent Examining Procedure (MPEP).
The Patent Application Locating and Monitoring System (PALM) is used to support the Reexamination process inside the USPTO. Reexamination is the examination of a granted patent, which can result in the revocation of that patent. The PALM system is used with both Image File Wrappers and paper File Wrappers.
A "continuation application" is a patent application filed by an applicant who wants to pursue additional claims to an invention disclosed in an earlier application of the applicant (the "parent" application) that has not yet been issued or abandoned. The continuation uses the same specification as the pending parent application, claims the ...