What are the differences between “streamlined” and “non-streamlined” ex parte reexamination requests?

The main differences between “streamlined” and “non-streamlined” ex parte reexamination requests are:

  1. Filing Fee:
  2. Page Limit:
    • Streamlined requests: 40 or fewer pages
    • Non-streamlined requests: More than 40 pages
  3. Formatting Requirements:
    • Streamlined requests: Must meet specific formatting requirements (e.g., line spacing, font type and size, margins)
    • Non-streamlined requests: Less stringent formatting requirements

It’s important to note that: “Filing a request that meets the requirements of 37 CFR 1.20(c)(1) does not impact the subsequent reexamination process, including the order in which the case is taken up for action by the examiner.” This means that streamlined requests do not receive prioritized examination.

For detailed requirements of streamlined requests, refer to MPEP § 2214, subsection II.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2215 - Fee For Requesting Ex Parte Reexamination Under 35 U.S.C. 302, Patent Law, Patent Procedure
Tags: ex parte reexamination, Non-Streamlined Request, Streamlined Request, USPTO procedures