What are the expectations regarding conduct in ex parte reexamination proceedings?
The USPTO has specific expectations regarding conduct in ex parte reexamination proceedings. As stated in MPEP 2209:
“Parties are cautioned that the reexamination statute, regulations, and published examining procedures do not countenance so-called ‘litigation tactics’ in reexamination proceedings. The parties are expected to conduct themselves accordingly.“
This means that participants should adhere to the established procedures and avoid introducing tactics more commonly associated with litigation. The USPTO expects parties to follow the provisions of 37 CFR 11.18(b) throughout the reexamination proceeding, which includes obligations of candor, good faith, and reasonable inquiry in all communications with the Office.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2209 - Ex Parte Reexamination,
Patent Law,
Patent Procedure