Go to MPEP - Table of Contents
2209 >Ex Parte< Reexamination [R-2] - 2200 Citation of Prior Art and Ex Parte Reexamination of Patents
2209 >Ex Parte< Reexamination [R-2]
Procedures for reexamination of issued patents began on July 1, 1981, the date when the reexamination provisions of Public Law 96-517 came into effect.
The reexamination statute and rules permit any person to file a request for >an ex parte< reexamination containing certain elements and the fee required under 37 CFR 1.20(c)>(1)<. The Office initially determines if "a substantial new question of patentability" ( 35 U.S.C. 303(a)) is presented. If such a new question has been presented, reexamination will be ordered. The reexamination proceedings which follow the order for reexamination are very similar to regular examination procedures in patent applications; however, there are notable differences. For example, there are certain limitations as to the kind of rejections which may be made, special reexamination forms to be used, and time periods set to provide "special dispatch." When the reexamination proceedings are terminated, a certificate is issued which indicates the status of all claims following the reexamination.
The following sections of this chapter explain the details of reexamination.
The intent of the reexamination procedures covered in this chapter include the following:
(A) To provide procedures for reexamination of patents;
(B) To implement reexamination in an essentially ex parte manner;
(C) To minimize the processing costs and complexities of reexamination;
(D) To maximize respect for the reexamined patent;
(E) To provide procedures for prompt and timely determinations by the Office in accordance with the "special dispatch" requirements of 35 U.S.C. 305.
The basic characteristics of >ex parte< reexamination are as follows:
(A) Anyone can request reexamination at any time during the period of enforceability of the patent;
(B) Prior art considered during reexamination is limited to prior art patents or printed publications applied under the appropriate parts of 35 U.S.C. 102 and 103;
(C) A substantial new question of patentability must be present for reexamination to be ordered;
(D) If ordered, the actual reexamination proceeding is ex parte in nature;
(E) Decision on the request must be made no later than 3 months from its filing, and the remainder of proceedings must proceed with "special dispatch" >within the Office<;
(F) If ordered, a reexamination proceeding will normally be conducted to its conclusion and the issuance of a reexamination certificate;
(G) The scope of a claim cannot be enlarged by amendment;
(H) All reexamination and patent files are open to the public>, but see paragraph (I) below; (I) The reexamination file is scanned to provide an electronic format copy of the file. All public access to and copying of the reexamination file may be made from the electronic format copy. The paper file is not available to the public.<
Go to MPEP - Table of Contents