What happens after reexamination is ordered under 35 U.S.C. 304?
After reexamination is ordered under 35 U.S.C. 304, the examiner will consider any submissions properly filed and served in accordance with 37 CFR 1.530 and 37 CFR 1.535 when preparing the first Office action. As stated in MPEP 2253:
“Once reexamination is ordered under 35 U.S.C. 304, any submissions properly filed and served in accordance with 37 CFR 1.530 and 37 CFR 1.535 will be considered by the examiner when preparing the first Office action.“
This means that the examiner will review and consider all relevant submissions from both the patent owner and the third-party requester before issuing the first Office action in the reexamination proceeding.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2253 - Consideration By Examiner,
Patent Law,
Patent Procedure