Can the USPTO revoke a patent after granting it? The short answer is "yes." Learn more about patent re-examinations, the grounds for requesting one, and possible outcomes.
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by Cindy DeRuyter, Esq.
Cindy DeRuyter, Esq., has been writing for LegalZoom since 2018. She earned a Juris Doctor from Mitchell Hamline Scho...
Updated on: February 7, 2023 · 2 min read
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.
Anyone can pursue the revocation of an already-issued patent. There are two main reasons the USPTO may complete a re-examination:
There are certain conditions for the revocation of patents. To request re-examination of a patent, an applicant must:
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.
The USPTO may invalidate or revoke patent rights on the following grounds:
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:
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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