How does the USPTO ensure uniformity in reexamination practices?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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 USPTO ensures uniformity in reexamination practices through a multi-layered review process. According to MPEP § 2289, this includes:
- Monitoring and reviewing all reexamination cases by CRU SPRS or TC QAS
- Conducting panel reviews before issuing Office actions
- Providing feedback to Office personnel
The MPEP states: “The above identified review processes are appropriate vehicles for correcting errors, identifying problem areas and recognizing trends, providing information on the uniformity of practice, and providing feedback to the Office personnel that process and examine reexamination cases.” This comprehensive approach helps maintain consistency across reexamination proceedings.
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2289 - Reexamination Review
Patent Law
Patent Procedure