What are the grounds for vacating an ex parte reexamination order?

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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. An ex parte reexamination order may be vacated under rare and specific circumstances. According to MPEP 2246 , “appropriate circumstances” for vacating an order under 37 CFR 1.181(a)(3) include: The reexamination order is not based on prior art patents or printed publications All claims of the patent were held invalid by a final federal court decision Reexamination was ordered for the wrong patent Reexamination was ordered based on a duplicate copy of the request The MPEP states: “These types of petitions to vacate an ex parte reexamination order are not decided by the Board, but are delegated to the Director of Central Reexamination Unit (CRU).” It’s important to note that these petitions should be rare and will only be granted if the USPTO acted in “brazen defiance” of its statutory authorization. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petitions to Vacate Ex Parte Reexamination Orders Not Decided by Board MPEP 2246 Appeal Brief Must Present SNQ Issue for Review MPEP 2246 Patent Owner Must First Request Reconsideration Before Examiner for SNQ Issue Review MPEP 2246 Permitted Opposition Should Be Filed Electronically MPEP 2246 Recommended Requirement for Reexamining Patent When Substantial New Question of Patentability Rises MPEP 2246 Patent Owner Must Serve Copy of Statement on Requestor MPEP 2246 Patent Owner Can Challenge SNQ Determination in Ex Parte Reexamination MPEP 2246 Permitted Patent Owner Can Challenge SNQ Determination in Ex Parte Reexamination MPEP 2246 Permitted Third-Party Requester Must File Opposition Within Two Weeks MPEP 2246 Required Circumstances Allowing Vacating Reexamination Order MPEP 2246 Other Related FAQs 5 FAQs Collapse How...