Challenging the validity of a competitor’s patent. Defending your brand against imposters. A competitor’s patent or trademark may be hindering your ability to do business. Protect your right to do business. Utilizing the USPTO’s administrative proceedings can help you clear the path to success in lieu of, or in tandem with, traditional courtroom proceedings. RKM’s dispute resolution team is experienced in a wide variety of USPTO administrative proceedings and has a history of success in advocating client’s rights in front of the administrative boards of the USPTO.

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Derivation Proceedings

Occasionally multiple people file separate patent applications directed towards the same invention. Sometimes these multiple filings are an innocent coincidence; other times they are a sign of an attempt to patent someone else’s invention. A derivation proceeding can be instituted where there is a dispute between two inventors as to who the true inventor is.

 

Ex Parte Reexamination

Ex parte reexamination is a USPTO proceeding to challenge the validity of one or more claims of a patent. A request for ex parte reexamination can be filed at any time during the enforceability of a patent. A request for ex parte reexamination can be filed by either the patent owner or a third party. The request must identify a substantial new question of patentability based on a patent or printed publication.

 

Patent Post Grant Proceedings

The USPTO has a number of procedures in place to allow third parties to challenge the validity of patents. These proceedings are generally designed to be used as alternatives to, or in connection with, civil litigation. The Patent Trial and Appeal Board (PTAB) proceedings have limited discovery and statutory time frames which result in the proceedings generally being less costly than civil litigation.