Can procedural matters be discussed in inter partes reexamination proceedings?

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, questions on strictly procedural matters may be discussed with the parties in inter partes reexamination proceedings. The MPEP 2685 provides guidance: “Questions on strictly procedural matters may be discussed with the parties. The guidance to follow is that any information which a person could obtain by reading the file (which is open to the public) is procedural, and it may be discussed.” However, matters not available from reading the file are considered as relating to the merits of the proceeding and may not be discussed.