Reexamination

Definition

Reexamination is a USPTO procedure in which the office reconsiders the validity of an issued patent in light of prior art raising a substantial new question of patentability.

Why It Matters Legally

Reexamination provides another path to challenge or strengthen a patent outside court. Owners sometimes use it to reinforce a patent before litigation, while challengers use it to attack questionable claims.

Example Use Case

A defendant requests reexamination of the asserted patent, hoping the USPTO will cancel or narrow the claims based on newly found prior art.

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Related Terms

Inter Partes Review, Post-Grant Review, Prior Art, Patent Validity