Post-grant Proceedings

While much of the action before the USPTO relates to obtaining patent rights, there are several ways for patent owners and challengers to request that the USPTO modify, improve, or strike down rights conferred by issued patents. Our team has extensive experience in navigating post-grant proceedings before the USPTO – from the mere correction of clerical errors to initiating or defending against challenges seeking cancellation of patent rights.

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.

International IP Experience

Through our work in securing intellectual property rights for many multinational corporations, we have developed a deep understanding of global intellectual property law, and we closely collaborate with numerous international law firms around the world to represent our clients abroad.
Our lawyers, with the assistance of our vast network of global associates, curated over more than 20 years, reliably prosecute patents, trademarks and designs internationally. In addition, we have extensive experience counseling clients in export control issues, foreign filing licenses, etc. Our experience extends to international IP portfolio management and advising on the overseas commercialization of IP assets.

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Element IP’s professional team is here to help with any intellectual property issue that you face.

Skillful navigation of the intellectual property landscape to safeguard your discoveries and your ability to leverage your discoveries in the marketplace.

Sound, creative counsel when opportunities and challenges relating to intellectual property arise, and strong, steady advocacy to obtain favorable outcomes from intellectual property conflicts.

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