Timeline for Is this patent still valid and in force?
Current License: CC BY-SA 3.0
12 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Jun 6, 2013 at 4:12 | comment | added | Micah Siegel | George, So unless and until the Certificate of Reexamination is issued by the USPTO all claims are presumed valid as issued in the original patent? Certificate of Reexamination is issued after a Final Rejection or after all appeals by applicant have been denied? | |
| Jun 6, 2013 at 4:03 | history | edited | Micah Siegel | CC BY-SA 3.0 |
added 6 characters in body
|
| Jun 5, 2013 at 20:36 | comment | added | George White♦ | Also, this may be overly technical, but proceeding at the USPTO do not result in validity/non-validity. They result in the patent being left with zero to N claims. Validity is a defense in an infringement proceeding where claims can't get amended. There it is binary. | |
| Jun 5, 2013 at 20:31 | comment | added | George White♦ | During reexamination, like in a normal examination, the owner can make amendments and arguments, add and cancel claims to try to overcome any objection or rejection. Failing with the examiner, they can appeal to the board, etc. When it is ALL over a Certificate of Reexamination is issued. It indicates which claims were subject to the re-exam and how it all ended up. Then, assuming any claims survived, they are the claims in force at that point. See MPEP uspto.gov/web/offices/pac/mpep/s2290.html a Reissue is a whole different thing. | |
| Jun 5, 2013 at 19:22 | history | edited | Micah Siegel | CC BY-SA 3.0 |
deleted 4 characters in body
|
| Jun 5, 2013 at 19:20 | comment | added | Micah Siegel | George, Thank you for the information. I have corrected the answer based on your comment. I didn't know that a patent is still enforceable after a non-final rejection during a re-examination proceeding. At what point does a patent become unenforceable during a reexamination proceeding? | |
| Jun 5, 2013 at 19:15 | history | edited | Micah Siegel | CC BY-SA 3.0 |
added 25 characters in body
|
| Jun 5, 2013 at 18:54 | vote | accept | Won | ||
| Jun 5, 2013 at 18:54 | comment | added | Won | Wow.. Thanks for the great answer ever. I only saw the patent on Google Patent Search, and its status was grant. I should look into PAIR system instead of it. | |
| Jun 5, 2013 at 3:13 | comment | added | George White♦ | Great answer! Except the first two sentences.Patents are in force during reexamination. Yes the claims have been rejected - I would say "all claims stand rejected" to convey that it is a normal intermediate state that doesn't mean much. In most examinations the applicant first gets a non-final "all claims rejected", as happened here. The last thing documented in the record is an interview the examiner had with the patent owner. It looks like the owner had a narrowing interpretation of claim 1. The examiner asked it to be put in writing. I would guess they work out wording both can live with. | |
| Jun 5, 2013 at 0:24 | history | edited | Micah Siegel | CC BY-SA 3.0 |
added 102 characters in body
|
| Jun 5, 2013 at 0:19 | history | answered | Micah Siegel | CC BY-SA 3.0 |