When is an ex parte reexamination ordered after supplemental examination?
An ex parte reexamination is ordered after supplemental examination when the supplemental examination certificate indicates that a Substantial New Question of patentability (SNQ) is raised. According to MPEP 2818:
“If the supplemental examination certificate indicates that a SNQ is raised, ex parte reexamination of the patent will be ordered under 35 U.S.C. 257.”
This reexamination is conducted under existing rules, with two key exceptions: the patent owner cannot file a statement, and the Office addresses each SNQ regardless of whether it’s raised by a patent or printed publication.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2818 - Procedure After Conclusion Of Supplemental Examination,
Patent Law,
Patent Procedure