What is the scope of inter partes reexamination?
The scope of inter partes reexamination is defined by 37 CFR 1.906, which states:
- Claims will be examined based on patents or printed publications.
- For subject matter added or deleted during reexamination, claims will be examined based on 35 U.S.C. 112 requirements.
- Claims cannot enlarge the scope of the original patent claims.
- Issues outside of these parameters will not be resolved in inter partes reexamination.
As stated in the MPEP, “Inter partes reexamination does not, however, differ from ex parte reexamination ordered under 35 U.S.C. 304 as to the substance to be considered in the proceeding.”
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2658 - Scope Of Inter Partes Reexamination,
Patent Law,
Patent Procedure