What are the requirements for filing an ex parte 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.

Filing an ex parte reexamination request requires several key elements as outlined in 37 CFR 1.510(b):

• A statement pointing out each substantial new question of patentability based on prior patents and printed publications.
• An identification of every claim for which reexamination is requested, with a detailed explanation of how the cited prior art applies to each claim.
• Copies of all relied-upon patents or printed publications, including translations if necessary.
• A copy of the entire patent for which reexamination is requested.
• A certification of service on the patent owner (if the requester is not the patent owner).
• A certification regarding statutory estoppel provisions.

Additionally, the request must be accompanied by the appropriate fee as specified in 37 CFR 1.20(c)(1) or (c)(2).