Sterne Kessler’s Reissue, Reexamination, and Supplemental Examination Practice Tips – January 2025

In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the USPTO formed the Central Reexamination Unit (CRU) and staffed it with 15 year+ Examiners and legal experts. Later, after the loss of Inter Partes Reexamination in 2012, the USPTO added all newly filed reissue applications to the CRU Examiner’s regime.

Sterne Kessler’s utility and design reissue, reexamination, and supplemental examination team will share practice tips and insights into prosecuting these proceedings before this specialized examination group within the USPTO.

This month, we provide clarification of the new reexamination and reissue fees and delve into resolving intra-patent indefiniteness and ambiguity issues.

In This Issue:

• Clarification of New Fees Applicable to Reexaminations and Reissues
• Resolving Claim Ambiguity via Reissue

The CRU Insider’s Tip of the Month: A reexamination proceeding may not become “abandoned.” Once granted, a reexamination proceeding is concluded by publication of a reexamination certificate. The certificate amends the text of the patent that was reexamined, in a manner analogous to a certificate of correction.