United StatesRe-examination: a dagger and a shield for impacting on IP value

Re-examination of a granted US patent can be a powerful procedural weapon that can galvanise or destroy a patent’s value. Everyone responsible for driving a company’s return on research and development investment should be familiar with its power. A recent study by The BTI Consulting Group, Inc highlighted the need for top management to embrace cost-control as a risk management tool. Re-examination can be part of an effective cost-control strategy for risk management when dealing with IP issues. Third parties can use re-examination to attack a competitor’s valued patent and patent owners can use re-examination to strengthen a patent’s armour and render it more impervious to attack. Thus, re-examination has achieved prominence as a weapon which can directly impact on the market value of a company’s IP portfolio.

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