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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

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 strategies for patent owner reexamination requests, pitfalls to watch out for in reissues, and how requesters can strategically structure their request documents to hedge against potential patent owner amendment and argument. All articles are co-authored by Jessica Harrison, a 25+ year USPTO veteran and former CRU Supervisory Patent Reexamination Specialists.

In This Issue:

The CRU Insider’s Tip of the Month: Remember that the AF 2.0 Pilot Program is not available to Reissues or Reexaminations.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sterne, Kessler, Goldstein & Fox P.L.L.C. | Attorney Advertising

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