Can you petition a partial grant of a reexamination request?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. Yes, you can petition a partial grant of a reexamination request. MPEP 2248 explains: “If an order granting reexamination includes a determination that the third party requester has not raised a substantial new question of patentability (SNQ) for one claim, but has raised a SNQ for at least one other claim, then third party requester may (within one month of the mailing date of the order) file a petition under 37 CFR 1.515(c) for reconsideration of the determination as to the claim for which no SNQ has been found to be raised.” Similarly, a petition can be filed if the determination grants the request for some reasons (SNQs) but not for others. This allows requesters to challenge partial denials within a granted reexamination order. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition Seeking Review Must Be Filed Within One Month MPEP 2248 Petition for Review of Examiner’s Determination Refusing Reexamination MPEP 2248 Third Party Can Reconsider Non-SHQ Claim MPEP 2248 Permitted Decision on Petition Under 37 CFR 1.515(c) Is Final and Not Appealable MPEP 2248 Petition to Challenge Refusal of Reexamination MPEP 2248 Permitted Requester Must Petition Director Within One Month MPEP 2248 Permitted Petition for Review of Partial Reexamination Grant MPEP 2248 Permitted Final and Nonappealable Decision on Ex Parte Reexamination MPEP 2248 Partial Refund of Filing Fee After Denial MPEP 2248 Final Decision on Ex Parte Reexamination MPEP 2248 Other Related FAQs 5 FAQs Collapse Can the decision on a petition from denial of reexamination be appealed? What happens if a petition for reexamination is granted after initial denial? What is the process for petitioning a denial ...