Are ex parte reexamination files publicly accessible?

Yes, ex parte reexamination files are generally open to the public, but with some limitations. According to MPEP 2209:

“(H) All reexamination and patent files are open to the public, but see paragraph (I) below;“

“(I) The reexamination file is scanned into IFW to provide an electronic format copy of the file. All public access to and copying of the reexamination file may be made from the electronic format copy available through Patent Center. Any remaining paper files are not available to the public.“

It’s important to note that while most of the file is accessible, there are some restrictions. For example, images of non-patent literature (NPL) cited in public files are not available for viewing or downloading through Patent Center. Certified copies of the full contents of the files, including NPL, can be ordered from the USPTO.

To learn more:

• public access
• ex parte reexamination
• USPTO
• patent files