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After grant, how can I cause the patent to be re-examined?



What is post-grant binding re-examination?

Post-grant binding re-examination is a process in which a request can be made to re-examine a granted patent with accompanying reasons and documents. If IPOS finds that an alleged ground is made out and not resolved by the patentee, the patent may be revoked. It also allows patentees to evaluate and strengthen their patent through amendments which will be subject to an examination process. The grounds for re-examination are generally limited to requirements which are considered during examination.

As re-examination is an ex parte process, the applicant seeking re-examination cannot participate in the process after filing the request (unless it is the patentee) and would only be notified when a re-examination examination report is issued.

When can this be filed?

May be filed any time after the grant of the patent, and only if there are no other proceedings in which the validity of the patent may be put in issue whether in court or before IPOS.

How can this be filed?

It should be filed using Request for Re-Examination of the Specification of a Patent under section 38A of the Patents Act via Patents Form 36 with the prescribed fee of $3,200 at the IPOS Digital Hub. The request must state the reasons supporting the non-validity of the granted patent, and accompanied with relevant prior art documents if appropriate. The patentee will be notified when such a request is filed.

Can my identify be kept anonymous?

The request for re-examination may be submitted via a registered patent agent or lawyer without disclosing the filer’s identity.

For more information, please refer to Examination Guidelines for Patent Applications found here

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