What documents are considered prior to examination in ex parte reexamination?

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.

According to MPEP 2252, only specific documents are considered prior to examination in ex parte reexamination. The MPEP states: “No submissions other than the statement pursuant to § 1.530 and the reply by the ex parte reexamination requester pursuant to § 1.535 will be considered prior to examination.” This means that only the patent owner’s statement and the requester’s reply are considered before the examination begins.