What aspects are checked during the procedural review of a reexamination case?
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.
The procedural review of a reexamination case focuses on ensuring compliance with various legal and administrative requirements. According to MPEP 2689, the CRU SPRS or TC QAS will:
“(A) procedurally review the examiner’s action for compliance with the applicable provisions of the reexamination statute and regulations, and with reexamination policy, practice and procedure“
This review ensures that the examiner’s actions adhere to:
- Reexamination statutes
- USPTO regulations
- Reexamination policies
- Established practices and procedures
By conducting this review, the USPTO maintains consistency and legal compliance throughout the reexamination process.