How is an ex parte reexamination ordered under 35 U.S.C. 257?
An ex parte reexamination under 35 U.S.C. 257 is ordered following a supplemental examination proceeding that finds a substantial new question of patentability. The process is as follows:
- A supplemental examination certificate is issued with reasons for the substantial new question of patentability.
- The examiner prepares an order for ex parte reexamination.
- The order may use form PTO-2302 or include form paragraph 28.04 at the beginning of an initial Office action.
MPEP 2818.01 provides the following form paragraph for ordering reexamination:
“Reexamination Ordered Pursuant to 35 U.S.C. 257
The supplemental examination proceeding, filed on [1], concluded with the issuance of the supplemental examination certificate on [2]. The certificate indicated that one or more of the items of information submitted as part of the request for supplemental examination raises a substantial new question of patentability. […] Accordingly, ex parte reexamination of claim(s) [3] of U.S. Patent No. [4] is ordered.”
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2818.01 - After Determination Finding A Substantial New Question Of Patentability,
Patent Law,
Patent Procedure