Patent prosecution is typically a lengthy process. Unless the applicant qualifies for expedited processing under a special program, it could take a year or longer to obtain a patent. Significant research into existing patents and pending applications is necessary to obtain a patent.
Typically, those who have successfully prosecuted patents have sole control over the patented product. They can choose to license their patent to others in some cases, but otherwise, they may choose not to allow anyone to use their patented product.
Occasionally, there may be controversy surrounding a patent, with outside parties alleging that a patent is inappropriate or unfair. Those claims could lead to a patent reexamination.
What occurs during patent reexamination?
Patent reexamination involves the United States Patent and Trademark Office (USPTO) reviewing the patent and other important documentation. Federal law allows for a thorough review when there are questions about the legitimacy of a patent already awarded by the USPTO. This process only occurs when the patent is enforceable.
Any person, including competitors, can ask the USPTO to reexamine an existing patent. If the patent reexamination determines that the USPTO erred by granting the patent, then the applicant may lose the intellectual property protection they’ve previously secured.
Patent reexamination may occur due to claims that prior patents overlap with the new patent or when there are concerns about the patentability of a product. Reexamination can be lengthy and can limit a company’s intellectual property protections.
Working with an attorney while prosecuting patents and responding to any patent controversies or infringement can be beneficial for inventors and business leaders. Those who are aware of the risks of patent re-examination can respond appropriately when the USPTO notifies them of a re-examination.