Post-grant proceedings are an often-overlooked means for improving the quality of a patent or portfolio or controlling space in the patent landscape. When preparing to leverage a patent or portfolio, potential problems affecting the strength or value of a patent right can often be remedied in post-grant proceedings (certificate of correction, reissue, patent owner-initiated ex parte reexamination, supplemental examination) at a fraction of the cost of resolving such issues in a contested proceeding. Likewise, third party patent rights can be constrained or struck down in post-grant proceedings (ex parte reexamination) at significantly lower cost than would be possible in a contested proceeding. Our team is experienced in all of these proceedings.
In addition to being often-overlooked, post-grant proceedings are fraught with unusual procedural and legal requirements. Mishandling post-grant proceedings can significantly affect the manner in which patent rights are enforced and available damages in other proceedings. Our team is prepared to help clients map a course of action in view of the risks and opportunities associated with post-grant proceedings. We regularly counsel clients in cost-effective strategies for using post-grant proceedings to improve their own patent portfolios and exhibit some control over the patent landscape.