How does ex parte reexamination differ when ordered after supplemental examination?
Ex parte reexamination ordered after supplemental examination follows most existing rules for ex parte reexamination, but with two key differences. As outlined in MPEP 2818:
“An ex parte reexamination ordered as a result of a supplemental examination proceeding will be conducted in accordance with the existing rules governing ex parte reexamination, except that: (i) the patent owner will not have the right to file a patent owner statement; and (ii) the Office will address each SNQ without regard to whether it is raised by a patent or printed publication.”
These exceptions ensure a more comprehensive review of the patent and prevent potential delays in the reexamination process.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2818 - Procedure After Conclusion Of Supplemental Examination,
Patent Law,
Patent Procedure