What is required in a request for ex parte reexamination under 35 U.S.C. 302?
A request for ex parte reexamination under 35 U.S.C. 302 must include:
- An identification of every claim for which reexamination is requested
- A detailed explanation of the pertinency and manner of applying the cited prior art to every claim for which reexamination is requested
As stated in the MPEP, “The third sentence of 35 U.S.C. 302 indicates that the ‘request must set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested.’” This requirement ensures that the requester clearly explains how the prior art applies to each claim under review.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2217 - Statement Applying Prior Art In A Request Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure