Sterne Kessler’s Reissue, Reexamination, and Supplemental Examination Practice Tips – September 2024

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 discuss the risks and opportunities of patent owner statements and the meticulous process for establishing a broadening reissue.

In This Issue:

• • The Dilemma with Patent Owner Statements Post-Reexamination Order
  • Demonstrating Unequivocal Intent to Broaden in Reissue