What are the criteria for making a rejection final in an ex parte reexamination?

The criteria for making a rejection final in an ex parte reexamination proceeding are similar to those used in regular patent applications. According to MPEP § 2271:

“The criteria for making a rejection final in an ex parte reexamination proceeding is analogous to that set forth in MPEP § 706.07(a) for making a rejection final in an application.”

Key factors include:

  • A clear issue has been developed between the examiner and the patent owner
  • The patent owner has had opportunities to respond to and/or amend to avoid outstanding grounds of rejection
  • All relevant grounds of rejection have been fully applied to the claims
  • The examiner has carefully reviewed and reiterated all outstanding grounds of rejection

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2271 - Final Action, Patent Law, Patent Procedure
Tags: ex parte reexamination, final rejection, patent examination, USPTO procedures