An issued patent does not guarantee the end of examination. A third party, such as a competitor or an accused infringer, can request reexamination by the USPTO. The Office frequently grants these requests, granting over 90% of reexamination requests.
We defend patent owners in ex parte reexamination proceedings from the day a request is filed: the petitions that can end a challenge before any response is due, the responses and examiner interviews that maintain issued claim scope, and appeals to the PTAB.
What we handle
Our post-grant work covers:
- Ex parte reexamination defense, from the first office action response through the certificate
- Petitions to deny or vacate a request, including repeat requests under 35 U.S.C. § 325(d) and requests built on claim constructions that contradict the requester's own positions in court
- Appeals to the Patent Trial and Appeal Board
- Broadening and narrowing reissue
- Patent-owner support in inter partes review and post-grant review
- Portfolio monitoring, so a new request against your patents, or your clients' patents, is seen the day it is filed
We offer fixed-fee pricing, so you can budget for a reexamination the day the request arrives.
Our record
We have an exceptional track record of preserving claims in the reexamination proceedings. Nationally, a third-party reexamination ends with each challenged claim confirmed 23% of the time; in contrast, we have had 77% of our proceedings maintain each challenged claim.
Past results do not guarantee a similar outcome. National figures are from the USPTO's Ex Parte Reexamination Filing Data (September 30, 2025).
Talk to us
Reexamination runs on short clocks. The Office decides whether to order reexamination about two months after a request is filed, and a patent owner typically has two months to answer each office action. If a request has been filed against your patent, or you expect one, the time to call is now.
We also work with litigation counsel who would rather keep the reexamination with a specialist while they keep the case.
Contact Mario Apreotesi and/or John McDonagh for more information.