This page consolidates MPEP guidance interpreting 37 CFR § 1.525, including 66 rules 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.

Summary

The Order forex partereexamination is a procedural mechanism within the USPTO for initiating a comprehensive review of an existing patent's validity based on substantial new questions of patentability.

What this section covers

• Outline the process for requesting and obtaining an ex parte reexamination order for an existing patent.
• Describe the criteria for determining when a reexamination order can be issued based on substantial new questions of patentability.

Key obligations

• Demonstrate that the reexamination request presents a credible challenge to the patent's original claims.
• Provide substantive evidence and prior art that raises significant doubts about the patent's original examination.

Conditions and exceptions

• Understand the interactions between reexamination and concurrent patent proceedings like reissue applications.

Practice notes

• Carefully document the substantial new question of patentability to increase the likelihood of obtaining a reexamination order.
• Be prepared for potential complex procedural interactions if multiple patent proceedings are ongoing simultaneously.

Related Provisions

• 37 CFR § 1.530
• 37 CFR § 1.515
• 37 CFR § 1.565
• 37 CFR § 1.535
• 37 CFR § 41.103

Based on MPEP Last Modified: 10/30/2024 08:50:22