What is the role of the examiner in ex parte reexamination?
What is the role of the examiner in ex parte reexamination?
The examiner plays a crucial role in ex parte reexamination, with responsibilities including:
- Conducting a thorough search of the prior art relevant to the patent under reexamination.
- Examining the patent claims in light of the cited prior art and any newly discovered references.
- Making rejections based on patents or printed publications that raise a substantial new question of patentability.
- Considering and responding to the patent owner’s arguments and proposed amendments.
- Issuing Office actions to communicate findings and maintain a clear record of the proceedings.
The MPEP 2258 emphasizes that “the examiner should be ‘vigilant’ in searching for and considering new issues which may arise during reexamination.” This vigilance ensures a comprehensive review of the patent’s validity in light of the prior art, while staying within the scope defined by the reexamination request and any Order for reexamination.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2258 - Scope Of Ex Parte Reexamination,
Patent Law,
Patent Procedure