How many times can a patent be reconsidered during reexamination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

During patent reexamination, a patent can be reconsidered multiple times. MPEP 2269 indicates:

“The patent owner may respond to such Office action with or without amendment and the patent under reexamination will be reconsidered, and so on repeatedly unless the examiner has indicated that the action is final.”

This suggests that the reconsideration process can continue iteratively until the examiner issues a final action. However, practical limitations and the specifics of each case may influence the number of reconsiderations.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2269 - Reconsideration Patent Law Patent Procedure
Tags: Rejection Non Prior Art