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LSDefine
Simple English definitions for legal terms
Reexamination
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A quick definition of Reexamination:
Reexamination: Reexamination is a process in patent law where the Patent and Trademark Office checks if a previously granted patent is still valid by looking at prior art. It is also a term used in trial procedure to refer to a redirect examination.
A more thorough explanation:
Reexamination
- In patent law, reexamination is a process where the Patent and Trademark Office checks whether prior art (existing knowledge) invalidates one or more claims of a previously granted patent.
- In trial procedure, reexamination is an alternative name for a redirect examination.
- Example 1: A company has been granted a patent for a new type of smartphone. Another company believes that the patent is invalid because the technology already exists. The second company can request a reexamination of the patent to prove that the technology is not new.
- Example 2: During a trial, a lawyer questions a witness. After the opposing lawyer cross-examines the witness, the first lawyer can ask additional questions during a reexamination to clarify any points that were raised during the cross-examination.
The examples illustrate how reexamination is used in different contexts. In patent law, reexamination is used to ensure that patents are only granted for truly new and innovative ideas. In trial procedure, reexamination is used to clarify any points that may have been raised during cross-examination.