How are ex parte reexamination proceedings conducted?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Ex Parte Reexamination Proceedings Conducted with Special Dispatch MPEP 2254 Reexamination Proceedings Conducted with Special Dispatch MPEP 2254 Ex Parte Reexamination Examination Conducted According to Specific Sections MPEP 2254 Ex Parte Reexamination Conducted with Special Dispatch MPEP 2254 Required Reexamination Follows Initial Examination Procedures MPEP 2254 Requirement for Reexamination Certificate Issuance MPEP 2254 Extension Request for Third Party Ex Parte Reexamination Due Date MPEP 2254 Required Extension Request for Third Party Ex Parte Reexamination MPEP 2254 Extension Request for Ex Parte Reexamination MPEP 2254 Required Extension Request for Ex Parte Reexamination MPEP 2254 Required Other Related FAQs 5 FAQs Collapse What is the role of the Central Reexamination Unit (CRU) in ex parte reexamination proceedings? How are interviews conducted in ex parte reexamination proceedings? Can new or amended claims be introduced during ex parte reexamination? What happe...