Our firm has experience not only with routine prosecution, but also with the more unusual procedures which may be needed in special cases. We have filed dozens of reissue applications, as well as reexams and Certificates of Correction. Many litigation failures could have been prevented if a patent owner had first reviewed the patent properties to see whether any repair was needed.
Patent owners often find that they have a patent on an important invention which was filed early enough, but which does not have claims in good enough condition for enforcement. We have experience in inter partes reviews, inter partes reexams, third party reexams, patentee-initiated reexams, reissues, and non-routine certificates of correction.
Every form of patent repair has its downside: for example, a broadening reissue may create an intervening rights issue, and any inadvertent broadening in reexam may lead to invalidity. Merged reissue/reexam proceedings can provide some additional options, but still have risks. Certificates of Correction and use of a pending continuation application tend to provide simpler and safer options, but of course these are not always available. However, a patent owner who is not aware of all options will not be able to make optimal decisions.
