Re-Examination and Opposition

Given the large number of patent applications filed each year, patent examiners only have a limited amount of time to conduct a prior art search.  The search may be especially difficult where references other than printed publications comprise the bulk of the art.

At some point, you may become aware of pending applications that have been filed by your competitors.  Procedures are available to submit prior art references for the examiner’s consideration in attempts to obstruct your competitors from obtaining patent rights to the technology.  If a patent has already been granted, a request that one or more claims be re-examined may be filed by providing a new reference not originally considered during initial examination.  In many circumstances, patent owners themselves may choose to employ re-examination proceedings to strengthen patents in their own portfolio.

The Noblitt Group provides a full range of services for anonymous pre-grant submissions of prior art references, re-examinations, re-issues and foreign oppositions.  We also offer monitoring of pending applications filed by your competitors and counseling to assist with the development of strategies for protecting your patent portfolio.

We would be happy to discuss more specific details of this area of our practice at your request.

For more information, please give us a call.