The U.S. Patent and Trademark Office (USPTO) has ordered a reexamination of U.S. Patent No. 12,430,397 B2, a patent focused on video game technology. The outcome of which could affect inventors, developers, and businesses across the gaming industry.
This is a stark reminder of how important it is to maintain strong patent protection. It also demonstrates why working with experienced intellectual property attorneys like those at Thrive IP® is essential for safeguarding innovation.
What Is a Patent Reexamination?
A patent reexamination allows the USPTO to review an issued patent when new prior art raises questions about its validity. Under 35 U.S.C. § 304 and 37 C.F.R. § 1.520, the USPTO Director can order a review if substantial new questions of patentability exist.
In this case, the Director found that prior art references had not been previously considered. These references could affect the validity of the patent’s claims. Unlike a third-party reexamination request, which requires a formal filing and fee under 37 C.F.R. § 1.510, a Director-initiated reexamination begins within the USPTO itself. This process ensures that only valid patents remain enforceable.
Why This Matters for Patent Owners and Innovators
Reexamination can reshape patent portfolios. For technology companies and other developers, it can mean the difference between market dominance and vulnerability.
A reexamination may confirm a patent’s strength or expose weaknesses. Either outcome can influence licensing deals, investor confidence, and litigation strategy. At Thrive IP®, we help clients prepare for such possibilities through strategic patent prosecution and portfolio management. You want to make sure your patents can withstand reexamination and post-grant review challenges.
How Intellectual Property Services Strengthen Your Protection
Every innovation deserves strong and lasting protection. Thrive IP®’s patent attorneys deliver comprehensive IP services to help you build a defensible portfolio. Our team can:
• Conduct detailed prior art searches before filing.
• Draft robust, enforceable patent applications.
• Represent you during USPTO reexaminations or post-grant proceedings.
• Advise on licensing and enforcement strategies to maximize ROI.
By taking a proactive approach, Thrive IP® ensures your patents hold their value—whether challenged or enforced.
Why You Should Hire a Patent Attorney
Our attorneys understand both the technical and legal aspects of innovation. We translate complex inventions into clear, defensible claims. We also respond quickly to USPTO actions, ensuring your rights stay secure. At Thrive IP®, we represent innovators across industries, including software, biotech, and engineering. We help you move from concept to protection with confidence.
Frequently Asked Questions
What triggers a USPTO reexamination?
Reexamination begins when new prior art raises doubts about a patent’s validity.
Can a patent owner respond during reexamination?
Yes. The owner may submit arguments or amend claims to preserve rights.
Does reexamination mean the patent is invalid?
Not always. Some patents have emerged stronger, with clearer and narrower claims.
How long does a reexamination take?
The process typically lasts between 18 and 36 months.
How can Thrive IP® help during reexamination?
Our attorneys prepare strong responses, guide amendments, and advocate for your patent’s survival.
Protect Your Innovation with Thrive IP®
The reexamination of U.S. Patent No. 12,430,397 B2 reminds us that patent protection is never automatic. It requires ongoing defense, strategy, and expert guidance.
At Thrive IP®, we help inventors and businesses protect, enforce, and grow their intellectual property portfolios. Whether you’re developing new technology or defending existing patents, our attorneys are ready to help.
Secure your innovation today — contact Thrive IP® to schedule a consultation.