How are ex parte reexamination proceedings conducted?

Ex parte reexamination proceedings are conducted according to 35 U.S.C. 305, which states: “reexamination will be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133.” This means that the examination process follows similar procedures to the initial patent examination.

Additionally, the MPEP states that “The examination will be conducted in accordance with 37 CFR 1.104, 1.105, 1.110 – 1.113, and 1.116” and will result in the issuance of a reexamination certificate. Importantly, these proceedings are conducted with special dispatch within the USPTO to ensure timely resolution.

To learn more:

• ex parte reexamination
• examination procedures
• special dispatch
• reexamination certificate