Ex Parte Re-Examination
In The United States the Patent Opposition proceedings are called Re-Examination. The procedure of the re-Examination is similar to that of the Examination. Any person can file a request for an ex parte reexamination by raising “a substantial new question of patentability”. If USPTO finds that a new question has been raised potentially reexamination will be ordered. Reexamination proceeding are called reexamination prosecution and when this prosecution ends a reexamination certificate is issued with findings of reexamination for the patent claims.
The patent owner can appeal the final decision of the Central Re-examination Unit – CRU to the Patent Trial and Appeal Board (PTAB), and from there, to the U.S. Court of Appeals for the Federal Circuit (CAFC).
Inter Partes Re-Examination
Any third party can request reexamination under Inter Partes Re-Examination rules during the period of enforceability of the patent. If all the requirements are completed, reexamination will be ordered.
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