reexaminations
Definition
A reexamination is a process where the U.S. Patent and Trademark Office takes a second look at an already-approved patent to decide whether it should have been granted in the first place. Someone can request this review by pointing to prior inventions or published materials that suggest the patent should not be valid. The USPTO then reconsiders its original decision, and may uphold, narrow, or cancel the patent entirely.
Example
If your competitor holds a patent that blocks you from selling your product, you could file for a reexamination by showing the patent office an old technical manual that proves the invention was not truly original. If the patent office agrees, your competitor's patent could be weakened or thrown out.
Watch Out
Reexaminations can take years to resolve, so do not count on one as a quick fix if a patent holder is already threatening to sue you.
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This definition is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal guidance.