Are reexamination procedures different for design patents compared to utility patents?
While MPEP 1510 doesn’t explicitly state whether reexamination procedures differ for design patents, it does direct readers to a common source for all reexamination procedures:
“See MPEP Chapter 2200 for practice and procedure for reexamination applications.”
This suggests that the core reexamination procedures are likely similar for both design and utility patents. However, there may be specific considerations for design patents within the broader framework outlined in Chapter 2200. To understand any potential differences, it’s advisable to carefully review Chapter 2200 and consult with a patent attorney familiar with design patent reexaminations.
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