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.
According to MPEP 2210, there are three ways to submit an ex parte reexamination request to the USPTO:
- Via mail
- Hand-delivery
- The Office’s Electronic Filing System (EFS, currently EFS-Web)
For electronic submission: “Both registered and unregistered eFilers may submit a request for reexamination. A request for reexamination submitted via EFS must be submitted by selecting the option for a ‘new’ reexamination proceeding in the EFS interface and not submitted as a follow-on paper into the patent.”
It’s important to note that regardless of the submission method, the request must include all required elements and the appropriate fee to be considered complete.