What is the consequence if a patent is found to be invalid after a reexamination?

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When a patent is found to be invalid after a reexamination, the result is that the patent will be canceled. This means that the rights granted to the patent holder are removed, and they no longer have exclusive rights to the invention that was covered by the now-invalidated patent. Reexamination is a process that allows anyone, including the patent holder, to challenge the validity of a patent based on prior art or other relevant information. If the patent office determines during this process that the patent does not meet the required standards for patentability—such as novelty, non-obviousness, or adequate disclosure—the patent is canceled. This can significantly impact the patent holder's ability to enforce any rights or claim damages based on that patent.

The other options do not accurately reflect the outcome of a reexamination resulting in a finding of invalidity. For instance, the patent does not continue to exist in any enforceable capacity if invalidated, nor is the patent holder subjected to fines or penalties simply due to an invalidity finding; the legal framework is focused on the cancellation of the patent itself. Furthermore, patents do not revert to pending status after reexamination; they are either validated or canceled based on the findings of the reexamination process.

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