Post-Issuance Options: The Benefits and Risks of Reexamination and Reissue


Congratulations, your patent has issued. Using the time you no longer spend chatting with your patent attorney, you decide to catch up on old (as in, before your filing date) issues of your favorite technical magazine. You come across an article that seems quite similar to your invention, and you begin to wonder: are my claims too broad/narrow?

Overbroad or overly narrow claims are examples of aspects of an issued patent that may be modified through either reexamination or reissue. In each of reexamination and reissue, prosecution of an issued patent is reopened to address areas of concern in the issued patent. However, reexamination and reissue are not interchangeable – each offers its own benefits and its own risks. Before requesting one of reexamination or reissue of your patent, it is important to be aware of what is required of you, what is required of your patent, and what effects the reexamination or reissue could have in the future.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

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.

© McDonnell Boehnen Hulbert & Berghoff LLP | Attorney Advertising

Written by:


McDonnell Boehnen Hulbert & Berghoff LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.