Sterne Kessler’s Reissue, Reexamination, and Supplemental Examination Practice Tips – July 2025

In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the USPTO formed the Central Reexamination Unit (CRU) and staffed it with 15 year+ Examiners and legal experts. Later, after the loss of Inter Partes Reexamination in 2012, the USPTO added all newly filed reissue applications to the CRU Examiner’s regime.

Sterne Kessler’s utility and design reissue, reexamination, and supplemental examination team will share practice tips and insights into prosecuting these proceedings before this specialized examination group within the USPTO.

This month, we discuss the importance of navigating obvious-type double patenting in reexamination and whether new paths to invalidity challenges being formed by the Federal Circuit and district courts should extend into the USPTO.

In This Issue:

• Rise of Obviousness Double Patenting SNQs and Rejections in Reexaminations Challenging Expired Patents

• What Should the USPTO Consider Changing for Implementing Post-Final Written Decision Estoppel in Ex Parte Reexamination Based on the Latest Federal Circuit and District Court Decisions

Thanks to Summer Associates Alexis Hardy, Zhuoxun Li, and Kian Neishaboori for their contributions to this newsletter.