How does ex parte reexamination differ from inter partes review?

Ex parte reexamination and inter partes review are two distinct procedures for reviewing patent validity. The key differences include:

• Participation: In ex parte reexamination, as described in MPEP 2209, the process is primarily between the patent owner and the USPTO. Third-party requesters have limited involvement after filing the request. In contrast, inter partes review allows ongoing participation by the challenger.
• Scope: Ex parte reexamination is based on patents and printed publications only, while inter partes review can consider a broader range of prior art.
• Timing: Ex parte reexamination can be requested at any time during the enforceability of a patent, whereas inter partes review has specific timing restrictions.
• Standard of Review: Ex parte reexamination uses a lower threshold for initiating the review compared to inter partes review.

These differences make ex parte reexamination a distinct and valuable tool in the patent review process.

To learn more:

• ex parte reexamination
• inter partes review
• patent review procedures