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Ex Parte Reexaminations

The AIA offers ex parte reexamination as an option for those wishing to challenge a patent.  Fundamentally unaffected by the AIA, ex parte reexamination by a patent examiner is perhaps the most straightforward way to challenge a patent. The Cantor Colburn Post-Grant Proceedings team has the legal experience and in-depth scientific and technical knowledge to help clients determine if an ex parte reexamination can best meet their objectives.

We help clients file challenges with the USPTO based on prior patents or printed publications. As in the past, the review is conducted by a patent examiner – and not the new AIA Patent Trial and Appeal Board. Because the challenger’s involvement ends once the request for reexamination is filed, ex parte reexamination can provide expeditious – and relatively cost-effective – relief.

Another beneficial aspect of ex parte reexamination is that there is no estoppel. In other words, should a patent be upheld, the same challenge may be raised in another proceeding.