How do I perfect my patent?
Invalidity Search & Opinion:
This activity allows us to re-scan the prior art and determine if any new documents surface which could give rise to weaknesses in the patent. Since this is done more than 18 months after the filing date of the patent at issue, it is much more likely that all relevant prior art is discoverable. With a more accurate and comprehensive picture of the material prior art, we can attempt to preemptively amend the claims or test the patentability of existing claims with an Ex Parte reexamination at the USPTO.
Ex Parte Reexamination:
This is our tool of choice for submitting prior art to be considered by the USPTO after issuance of a patent. In this proceeding, we file a request asking the USPTO to review the patent claims in view of newly discovered prior art which is believed to raise a substantial new question (SNQ) of patentability. If the USPTO denies the request, they may indicate that the submitted prior art fails to raise the legal standard of a SNQ. If the USPTO orders reexamination, we reopen prosecution, and either the claims are upheld or we can submit amendments in an attempt to overcome new rejections based on the prior art. Using the Ex Parte Reexamination process, we can potentially perfect the scope of the patent in view of newly discovered prior art references without involving a contentious third party, or we gain assurances concerning the strength of the patent prior to investing resources in a litigation or other contentious proceeding.