Leveraging Patent Reissue for Patent Portfolio Management

Strengthening Patent Portfolios, Correcting Patents, and Understanding the Risks and Limitations of Reissue

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Thursday, November 13, 2014

Recorded event now available

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Course Materials

This CLE course will provide guidance to patent counsel for parties impacted by the patent reissue process. The panel will discuss how patent reissues can be used to strengthen a patent portfolio, the risks and limitations of patent reissue, and examine reissue with other tools for correcting patents by patent owners.


More and more, patentees are turning to reissue as a way of strengthening a patent before an attack under America Invents Act (AIA) post-grant proceedings, such as inter partes review (IPR) and post grant review (PGR). The panel will offer suggestions and examples of how to use a patent-strengthening reissue and when patent owners should consider such a strategy.   

Further, counsel must understand the impact of reissue on and before ongoing PTAB IPRs and PGRs, court litigation, and licensing deals.

Listen as our authoritative panel discusses best practices for strategic uses of reissue for patent strengthening, including when and how it may be even better for the patent owner to keep a continuation application pending and thus have the chance to correct errors ex parte before engaging in inter partes PTAB and district court litigation tussles.



  1. What patent strengthening benefits can reissue provide against AIA post grant proceedings before PTAB, as well as district court litigation?
  2. How does reissue fit into the big picture of U.S. patent portfolio management in the AIA world?
    1. Prior to or concurrent with PTAB AIA post grant proceedings, litigation, or licensing
    2. Concurrent reexamination proceeding
    3. Interferences
    4. Concurrent litigation and possible stays of reissue
    5. Concurrent AIA post grant proceedings and possible stays of reissue
    6. MPEP rules re disclosure, re concurrent litigation and what about concurrent PTAB proceedings?
    7. Issues of obviousness-type double patenting (ODP) can be addressed reissue but currently ODP is not raisable in IPR or PGR
  3. Comparison of reissue with other tools for correcting patents by patent owners
    1. Certificate of correction
    2. Ex parte reexamination
    3. Supplemental examination under AIA
    4. Pending U.S. patent applications


The panel will review these and other key questions:

  • When should counsel be considering the possibility of reissue?
  • How have the AIA changes impacted patent reissue?
  • What are the risks and limitations of using reissue proceedings to proactively resolve patent validity/unpatentability issues?


Irving, Thomas
Thomas L. Irving

Finnegan Henderson Farabow Garrett & Dunner

Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution,...  |  Read More

Deborah M. Herzfeld
Deborah M. Herzfeld

Of Counsel
Finnegan Henderson Farabow Garrett & Dunner

Ms. Herzfeld focuses her practice on patent prosecution and counseling work, with an emphasis on chemical subject...  |  Read More

Donna M. Meuth
Donna M. Meuth
Associate General Counsel

Ms. Meuth has diverse experience in intellectual property law, including patent portfolio management, patent...  |  Read More

Mulcahy, John
John M. Mulcahy

Finnegan Henderson Farabow Garrett & Dunner

Mr. Mulcahy focuses on patent litigation before both the ITC and federal district courts. His litigation experience...  |  Read More

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