What Happens When You Get a Patent Revocation?

Can the USPTO revoke a patent after granting it? Yes. Learn more about patent re-examinations, the grounds for requesting one, and possible outcomes.

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what happens when you get a patent revocation

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Updated on: July 24, 2025
Read time: 3 min

In the U.S., any person can ask the U.S. Patent and Trademark Office (USPTO) to re-examine an approved patent. If prior art or publications show that your claims are not new, the USPTO may invalidate or revoke your patent, which means that your rights are surrendered. You can appeal this kind of revocation in federal court.

Procedure for revocation of patents in the U.S.

Anyone can pursue the revocation of an already-issued patent. There are two main reasons the USPTO may complete a re-examination:

  1. Citation of prior art: According to 35 U.S. Code Section 301, patents may be re-examined upon a showing of prior art, including other patents or printed publications, that someone believes could be relevant to any claim.
  2. Ex parte re-examination: A second option involves raising a new question of patentability. See 35 U.S. Code Section 302 for a complete explanation of ex parte re-examination procedures.

There are certain conditions for the revocation of patents. To request re-examination of a patent, an applicant must:

  1. Submit a written request for re-examination to the USPTO. A request for reexamination under 37 CFR 1.510 may be submitted to the Office via mail, hand-delivery, or via the USPTO patent electronic filing system.
  2. Pay the then-current examination fee. As of July 2025, these fees range from $1,355 to $6,775, depending on the size of the entity and the type of patent claim being examined. Check the USPTO fee schedule for the most up-to-date prices.
  3. Explain how applying the prior art is pertinent. When requesting an ex parte re-examination, applicants must provide a statement that identifies each new question of patentability based on prior patents and printed publications.

The USPTO sends copies of re-examination requests to affected owners after receipt, and the citation of prior art becomes part of the patent's official file.

Understanding and appealing an adverse patent re-examination decision

The USPTO may invalidate or revoke patent rights on the following grounds:

  • Not novel: If the re-examination shows that every element of your claim was found in the same prior art or publication reference, the USPTO may invalidate your patent on the grounds that it is not new.
  • Obviousness: Revocation is possible if the patented invention fails the "obviousness" test because two or more prior publications or art references, when combined, show each element of your claim.

If you receive a notice with an adverse re-examination decision from the Board of Patent Appeals and Interferences, you have two months to file a challenge in the Federal Circuit Court of Appeals. To challenge the initial determination:

  1. File a written notice of appeal with the USPTO.
  2. File a copy of the notice with the U.S. Court of Appeals for the Federal Circuit with the required fees.
  3. Notify all other parties involved in the re-examination proceeding of the appeal by serving copies of the notice of appeal.

While your appeal is pending, you may not enforce your patent rights.

When you are ready to apply for a patent or protect other intellectual property, work with an online service provider. Alternatively, you may want to hire an intellectual property attorney in your area. Having trusted resources at your fingertips can give you valuable peace of mind so you can use your patent, trademark, or copyright with confidence.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

141 days ago
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This is my 2nd provisional patent with…

This is my 2nd provisional patent with Legal ZOOM. This time I dealt with Mak Champ he was Great, went out of his way to make it as easy as possible. Thank You

JoeSnook
167 days ago
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Great Experience with LegalZoom

My experience in submitting a Provisional Patent Application has gone very smoothly so far. Customer Service and Support was very prompt and answered all my questions very quickly. I highly recommend Legal Zoom.

Viki Mann
225 days ago
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Sandra helped me make the additional…

Sandra helped me make the additional orders on my account for the patent information. She helped me on everything I asked for. Thank you for making a difficult process much easier. thnx.

Rodney Kreinbrink
286 days ago
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Tiffany was patient,professional and thoughtfully thorough!

Tiffany was patient, professional and thoughtfully thorough in her assisting me through procedures involving my patent processing!!

Valued Customer DT
286 days ago
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Professional and Kind

Carrie was extremely helpful in answering my general questions regarding the trademark and provisional patent application process and fees. She was clear and succinct while maintaining a level of kindness and understanding of my needs. She provided the exact information I needed, saving me time and effort in researching via other routes. Thank you!

Teresa
881 days ago
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Did a provisional patent application…

Did a provisional patent application (PPA). Streamlined and professional. Very helpful if ever needed. Always a pleasure to work with.

Bill K
929 days ago
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Wes is always great to talk to

Wes is always great to talk to. He seems just as excited as we are about the next step in our patent process

Ann
931 days ago
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LegalZoom is a great resource for…

LegalZoom is a great resource for anyone needing legal advice and in my case patent applications.

Patrick Walker
945 days ago
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Great service

Great service, easy to understand each step in the patent journey. Wes my account manger was great and extremely helpful. I firmly recommend this service to anyone who has an invention they need protecting.

Tony Cooper
Rated4.6out of 5 based on23,860+ reviewson

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Contents

Updated on: July 24, 2025
Read time: 3 min



Procedure for revocation of patents in the U.S.

Anyone can pursue the revocation of an already-issued patent. There are two main reasons the USPTO may complete a re-examination:

  1. Citation of prior art: according to 35 U.S. Code Section 301, patents may be re-examined upon a showing of prior art, including other patents or printed publications, that someone believes could be relevant to any claim.
  2. Ex parte re-examination: a second option involves raising a new question of patentability. See 35 U.S. Code Section 302 for a complete explanation of ex parte re-examination procedures.

There are certain conditions for the revocation of patents. To request re-examination of a patent, an applicant must:

  1. Submit a written request for re-examination to the USPTO.
  2. Pay the then-current examination fee. As of January 2019, these fees range from $150 to $2,200, depending on the size of the entity and the type of patent claim being examined.
  3. Explain how applying the prior art is pertinent. When requesting an ex parte re-examination, applicants must provide a statement that identifies each new question of patentability based on prior patents and printed publications.

The USPTO sends copies of re-examination requests to affected owners after receipt, and the citation of prior art becomes part of the patent's official file.

Understanding and appealing an adverse patent re-examination decision

The USPTO may invalidate or revoke patent rights on the following grounds:

  • Not novel: if the re-examination shows that every element of your claim was found in the same prior art or publication reference, the USPTO may invalidate your patent on the grounds that it is not new.
  • Not inventive: revocation is possible if the patented thing fails the "obviousness" test because two or more prior publications or art references, when combined, show each element of your claim.

If you receive a notice with an adverse re-examination decision from the Board of Patent Appeals and Interferences, you have two months to file a challenge in the Federal Circuit Court of Appeals. To challenge the initial determination:

  1. File a written notice of appeal with the USPTO.
  2. File a copy of the notice with the U.S. Court of Appeals for the Federal Circuit with required fees.
  3. Notify all other parties involved in the re-examination proceeding of the appeal by serving copies of the notice of appeal.

While your appeal is pending, you may not enforce your patent rights.

When you are ready to apply for a patent or protect other intellectual property, work with an online service provider. Alternatively, you may want to hire an intellectual property attorney in your area. Having trusted resources at your fingertips can give you valuable peace of mind so you can use your patent, trademark, or copyright with confidence.

 

Find out more about PatentsStart Now
Twitter logoFacebook logoLinkedIn logoReddit logo

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

141 days ago
Trustpilot star rating bar

This is my 2nd provisional patent with…

This is my 2nd provisional patent with Legal ZOOM. This time I dealt with Mak Champ he was Great, went out of his way to make it as easy as possible. Thank You

JoeSnook
167 days ago
Trustpilot star rating bar

Great Experience with LegalZoom

My experience in submitting a Provisional Patent Application has gone very smoothly so far. Customer Service and Support was very prompt and answered all my questions very quickly. I highly recommend Legal Zoom.

Viki Mann
225 days ago
Trustpilot star rating bar

Sandra helped me make the additional…

Sandra helped me make the additional orders on my account for the patent information. She helped me on everything I asked for. Thank you for making a difficult process much easier. thnx.

Rodney Kreinbrink
286 days ago
Trustpilot star rating bar

Tiffany was patient,professional and thoughtfully thorough!

Tiffany was patient, professional and thoughtfully thorough in her assisting me through procedures involving my patent processing!!

Valued Customer DT
286 days ago
Trustpilot star rating bar

Professional and Kind

Carrie was extremely helpful in answering my general questions regarding the trademark and provisional patent application process and fees. She was clear and succinct while maintaining a level of kindness and understanding of my needs. She provided the exact information I needed, saving me time and effort in researching via other routes. Thank you!

Teresa
881 days ago
Trustpilot star rating bar

Did a provisional patent application…

Did a provisional patent application (PPA). Streamlined and professional. Very helpful if ever needed. Always a pleasure to work with.

Bill K
929 days ago
Trustpilot star rating bar

Wes is always great to talk to

Wes is always great to talk to. He seems just as excited as we are about the next step in our patent process

Ann
931 days ago
Trustpilot star rating bar

LegalZoom is a great resource for…

LegalZoom is a great resource for anyone needing legal advice and in my case patent applications.

Patrick Walker
945 days ago
Trustpilot star rating bar

Great service

Great service, easy to understand each step in the patent journey. Wes my account manger was great and extremely helpful. I firmly recommend this service to anyone who has an invention they need protecting.

Tony Cooper
Rated4.6out of 5 based on23,860+ reviewson

Showing our favorite reviews