What claims are considered when deciding a request for ex parte reexamination under 35 U.S.C. 302?
A
What claims are considered when deciding a request for ex parte reexamination under 35 U.S.C. 302?
When deciding a request for ex parte reexamination under 35 U.S.C. 302, the claims considered are those in effect at the time of the determination. As stated in the MPEP:
The claims of the patent in effect at the time of the determination will be the basis for deciding whether “a substantial new question of patentability” is present.
(MPEP 2243)
This means that the examination will generally focus on the claims for which reexamination was specifically requested, unless the Office decides to exercise its discretion to examine other claims.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2243 - Claims Considered In Deciding Request Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure