What claims are considered when deciding on an inter partes reexamination request?

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.

The claims considered when deciding on an inter partes reexamination request are those in effect at the time of the determination. According to MPEP 2643, “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’ or ‘a reasonable likelihood that the requester will prevail’ is present.” This means that the current, valid claims of the patent are examined, not any proposed amendments or claims from other proceedings.