What actions can the USPTO take after a patent has been granted?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Once a patent has been granted, the U.S. Patent and Trademark Office (USPTO) has limited authority to take action concerning it. MPEP 1305 states:

“Once the patent has been granted, the U.S. Patent and Trademark Office can take no action concerning it, except as provided in 35 U.S.C. 135, 35 U.S.C. 154, 35 U.S.C. 156, 35 U.S.C. 251 through 256, 35 U.S.C. 302 through 307, 35 U.S.C. 311 through 319 and 35 U.S.C. 321 through 329.”

These statutes cover various post-grant proceedings, including:

• Derivation proceedings (35 U.S.C. 135)
• Patent term adjustments (35 U.S.C. 154)
• Patent term extensions (35 U.S.C. 156)
• Reissue of defective patents (35 U.S.C. 251-256)
• Ex parte reexamination (35 U.S.C. 302-307)
• Inter partes review (35 U.S.C. 311-319)
• Post-grant review (35 U.S.C. 321-329)