MPEP § 2212 — Persons Who May File a Request for Ex Parte Reexamination under 35 U.S.C. 302 (Annotated Rules)

§2212 Persons Who May File a Request for Ex Parte Reexamination under 35 U.S.C. 302

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 2212, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Persons Who May File a Request for Ex Parte Reexamination under 35 U.S.C. 302

This section addresses Persons Who May File a Request for Ex Parte Reexamination under 35 U.S.C. 302. Primary authority: 35 U.S.C. 315(e)(1), 35 U.S.C. 325(e)(1), and 35 U.S.C. 1.20(c)(1). Contains: 2 prohibitions, 2 permissions, and 5 other statements.

Key Rules

Topic

Reissue and Reexamination

3 rules
StatutoryProhibitedAlways
[mpep-2212-0ede66cc53a21d6097413657]
Any Person Can File Request for Ex Parte Reexamination Unless Estopped
Note:
A request for ex parte reexamination can be filed by any person unless estopped by inter partes review or post grant review under AIA.

35 U.S.C. 302 and 37 CFR 1.510(a) both indicate that “any person” may file a request for ex parte reexamination of a patent, unless prohibited by AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). Accordingly, there are no types of “persons” who are excluded from being able to seek reexamination under 35 U.S.C. 302. Corporations and/or governmental entities are included within the scope of the term “any person.” The only “person” who is barred from filing a request for ex parte reexamination of a patent under 35 U.S.C. 302 is one who is barred from doing so by the estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) based on inter partes review and post grant review, respectively, once the estoppel attaches. The patent owner can ask for reexamination which will be limited to an ex parte consideration of prior art patents or printed publications. If the patent owner wishes to have a wider consideration of issues by the Office, including matters such as prior public use or on sale, the patent owner may file a reissue application (see, e.g., MPEP § 1401§ 1403), or, where appropriate, a supplemental examination proceeding (see, e.g., MPEP § 2801§ 2803). It is also possible for the Director of the Office to initiate reexamination on the Director’s own initiative under 37 CFR 1.520. Some of the persons likely to use reexamination under 35 U.S.C. 302 are patentees, licensees, potential licensees, attorneys without identification of their real client in interest, infringers, potential exporters, patent litigants, interference applicants, and International Trade Commission respondents. The name of the person who files the request will not be maintained in confidence.

Jump to MPEP Source · 37 CFR 1.510(a)Reissue and ReexaminationWho May File ReissueEx Parte Reexamination Request
StatutoryInformativeAlways
[mpep-2212-fa7242ce7a94b38a2ef94228]
Any Person May Seek Patent Reexamination Under 35 U.S.C. 302
Note:
Under 35 U.S.C. 302, any person can file a request for ex parte reexamination of a patent unless barred by estoppel provisions.

35 U.S.C. 302 and 37 CFR 1.510(a) both indicate that “any person” may file a request for ex parte reexamination of a patent, unless prohibited by AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). Accordingly, there are no types of “persons” who are excluded from being able to seek reexamination under 35 U.S.C. 302. Corporations and/or governmental entities are included within the scope of the term “any person.” The only “person” who is barred from filing a request for ex parte reexamination of a patent under 35 U.S.C. 302 is one who is barred from doing so by the estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) based on inter partes review and post grant review, respectively, once the estoppel attaches. The patent owner can ask for reexamination which will be limited to an ex parte consideration of prior art patents or printed publications. If the patent owner wishes to have a wider consideration of issues by the Office, including matters such as prior public use or on sale, the patent owner may file a reissue application (see, e.g., MPEP § 1401§ 1403), or, where appropriate, a supplemental examination proceeding (see, e.g., MPEP § 2801§ 2803). It is also possible for the Director of the Office to initiate reexamination on the Director’s own initiative under 37 CFR 1.520. Some of the persons likely to use reexamination under 35 U.S.C. 302 are patentees, licensees, potential licensees, attorneys without identification of their real client in interest, infringers, potential exporters, patent litigants, interference applicants, and International Trade Commission respondents. The name of the person who files the request will not be maintained in confidence.

Jump to MPEP Source · 37 CFR 1.510(a)Reissue and ReexaminationEx Parte Reexamination RequestConcurrent Reissue Proceedings
StatutoryInformativeAlways
[mpep-2212-d5f569fbe6b2fb0b69dd9299]
Who Can Request Ex Parte Reexamination of a Patent
Note:
This rule outlines the various individuals and entities who can file a request for ex parte reexamination under 35 U.S.C. 302, including patentees, licensees, potential licensees, attorneys without identified clients, infringers, and others.

35 U.S.C. 302 and 37 CFR 1.510(a) both indicate that “any person” may file a request for ex parte reexamination of a patent, unless prohibited by AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). Accordingly, there are no types of “persons” who are excluded from being able to seek reexamination under 35 U.S.C. 302. Corporations and/or governmental entities are included within the scope of the term “any person.” The only “person” who is barred from filing a request for ex parte reexamination of a patent under 35 U.S.C. 302 is one who is barred from doing so by the estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) based on inter partes review and post grant review, respectively, once the estoppel attaches. The patent owner can ask for reexamination which will be limited to an ex parte consideration of prior art patents or printed publications. If the patent owner wishes to have a wider consideration of issues by the Office, including matters such as prior public use or on sale, the patent owner may file a reissue application (see, e.g., MPEP § 1401§ 1403), or, where appropriate, a supplemental examination proceeding (see, e.g., MPEP § 2801§ 2803). It is also possible for the Director of the Office to initiate reexamination on the Director’s own initiative under 37 CFR 1.520. Some of the persons likely to use reexamination under 35 U.S.C. 302 are patentees, licensees, potential licensees, attorneys without identification of their real client in interest, infringers, potential exporters, patent litigants, interference applicants, and International Trade Commission respondents. The name of the person who files the request will not be maintained in confidence.

Jump to MPEP Source · 37 CFR 1.510(a)Reissue and ReexaminationEx Parte Reexamination RequestConcurrent Reissue Proceedings
Topic

Inter Partes Review (IPR)

3 rules
StatutoryInformativeAlways
[mpep-2212-30f793d0254fa6e5cc8ebc43]
Corporations and Governmental Entities Can File for Ex Parte Reexamination
Note:
This rule states that corporations and governmental entities are included within the term 'any person' who can file a request for ex parte reexamination of a patent, unless barred by estoppel provisions.

35 U.S.C. 302 and 37 CFR 1.510(a) both indicate that “any person” may file a request for ex parte reexamination of a patent, unless prohibited by AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). Accordingly, there are no types of “persons” who are excluded from being able to seek reexamination under 35 U.S.C. 302. Corporations and/or governmental entities are included within the scope of the term “any person.” The only “person” who is barred from filing a request for ex parte reexamination of a patent under 35 U.S.C. 302 is one who is barred from doing so by the estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) based on inter partes review and post grant review, respectively, once the estoppel attaches. The patent owner can ask for reexamination which will be limited to an ex parte consideration of prior art patents or printed publications. If the patent owner wishes to have a wider consideration of issues by the Office, including matters such as prior public use or on sale, the patent owner may file a reissue application (see, e.g., MPEP § 1401§ 1403), or, where appropriate, a supplemental examination proceeding (see, e.g., MPEP § 2801§ 2803). It is also possible for the Director of the Office to initiate reexamination on the Director’s own initiative under 37 CFR 1.520. Some of the persons likely to use reexamination under 35 U.S.C. 302 are patentees, licensees, potential licensees, attorneys without identification of their real client in interest, infringers, potential exporters, patent litigants, interference applicants, and International Trade Commission respondents. The name of the person who files the request will not be maintained in confidence.

Jump to MPEP Source · 37 CFR 1.510(a)Inter Partes Review (IPR)Request by Patent OwnerRequest Content Requirements
StatutoryInformativeAlways
[mpep-2212-05c63c7cb318d5c85a767b1f]
Patent Owner Estoppel Bars Ex Parte Reexamination Request
Note:
A patent owner who is barred by estoppel from inter partes review or post grant review cannot file an ex parte reexamination request under 35 U.S.C. 302.

35 U.S.C. 302 and 37 CFR 1.510(a) both indicate that “any person” may file a request for ex parte reexamination of a patent, unless prohibited by AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). Accordingly, there are no types of “persons” who are excluded from being able to seek reexamination under 35 U.S.C. 302. Corporations and/or governmental entities are included within the scope of the term “any person.” The only “person” who is barred from filing a request for ex parte reexamination of a patent under 35 U.S.C. 302 is one who is barred from doing so by the estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) based on inter partes review and post grant review, respectively, once the estoppel attaches. The patent owner can ask for reexamination which will be limited to an ex parte consideration of prior art patents or printed publications. If the patent owner wishes to have a wider consideration of issues by the Office, including matters such as prior public use or on sale, the patent owner may file a reissue application (see, e.g., MPEP § 1401§ 1403), or, where appropriate, a supplemental examination proceeding (see, e.g., MPEP § 2801§ 2803). It is also possible for the Director of the Office to initiate reexamination on the Director’s own initiative under 37 CFR 1.520. Some of the persons likely to use reexamination under 35 U.S.C. 302 are patentees, licensees, potential licensees, attorneys without identification of their real client in interest, infringers, potential exporters, patent litigants, interference applicants, and International Trade Commission respondents. The name of the person who files the request will not be maintained in confidence.

Jump to MPEP Source · 37 CFR 1.510(a)Inter Partes Review (IPR)Reissue and ReexaminationPost-Grant Proceedings Under AIA
StatutoryInformativeAlways
[mpep-2212-cc6d673ae7bd9487c50b0dda]
Requestor’s Name Not Kept Confidential During Ex Parte Reexamination
Note:
The name of the person filing a request for ex parte reexamination will not be kept confidential by the patent office.

35 U.S.C. 302 and 37 CFR 1.510(a) both indicate that “any person” may file a request for ex parte reexamination of a patent, unless prohibited by AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). Accordingly, there are no types of “persons” who are excluded from being able to seek reexamination under 35 U.S.C. 302. Corporations and/or governmental entities are included within the scope of the term “any person.” The only “person” who is barred from filing a request for ex parte reexamination of a patent under 35 U.S.C. 302 is one who is barred from doing so by the estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) based on inter partes review and post grant review, respectively, once the estoppel attaches. The patent owner can ask for reexamination which will be limited to an ex parte consideration of prior art patents or printed publications. If the patent owner wishes to have a wider consideration of issues by the Office, including matters such as prior public use or on sale, the patent owner may file a reissue application (see, e.g., MPEP § 1401§ 1403), or, where appropriate, a supplemental examination proceeding (see, e.g., MPEP § 2801§ 2803). It is also possible for the Director of the Office to initiate reexamination on the Director’s own initiative under 37 CFR 1.520. Some of the persons likely to use reexamination under 35 U.S.C. 302 are patentees, licensees, potential licensees, attorneys without identification of their real client in interest, infringers, potential exporters, patent litigants, interference applicants, and International Trade Commission respondents. The name of the person who files the request will not be maintained in confidence.

Jump to MPEP Source · 37 CFR 1.510(a)Inter Partes Review (IPR)Request by Patent OwnerRequest Content Requirements
Topic

Request by Patent Owner

2 rules
StatutoryPermittedAlways
[mpep-2212-77086ec3cd2db6c40566fc00]
Patent Owner Can Request Ex Parte Reexamination Limited to Prior Art
Note:
The patent owner can request ex parte reexamination, which is limited to considering prior art patents or printed publications.

35 U.S.C. 302 and 37 CFR 1.510(a) both indicate that “any person” may file a request for ex parte reexamination of a patent, unless prohibited by AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). Accordingly, there are no types of “persons” who are excluded from being able to seek reexamination under 35 U.S.C. 302. Corporations and/or governmental entities are included within the scope of the term “any person.” The only “person” who is barred from filing a request for ex parte reexamination of a patent under 35 U.S.C. 302 is one who is barred from doing so by the estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) based on inter partes review and post grant review, respectively, once the estoppel attaches. The patent owner can ask for reexamination which will be limited to an ex parte consideration of prior art patents or printed publications. If the patent owner wishes to have a wider consideration of issues by the Office, including matters such as prior public use or on sale, the patent owner may file a reissue application (see, e.g., MPEP § 1401§ 1403), or, where appropriate, a supplemental examination proceeding (see, e.g., MPEP § 2801§ 2803). It is also possible for the Director of the Office to initiate reexamination on the Director’s own initiative under 37 CFR 1.520. Some of the persons likely to use reexamination under 35 U.S.C. 302 are patentees, licensees, potential licensees, attorneys without identification of their real client in interest, infringers, potential exporters, patent litigants, interference applicants, and International Trade Commission respondents. The name of the person who files the request will not be maintained in confidence.

Jump to MPEP Source · 37 CFR 1.510(a)Request by Patent OwnerRequest Content RequirementsConsent of Assignee
StatutoryPermittedAlways
[mpep-2212-e1271856d3ad707c12b9684f]
Patent Owner Can File Reissue Application for Broader Examination
Note:
The patent owner may file a reissue application to request broader examination by the Office, including prior public use or on sale issues.

35 U.S.C. 302 and 37 CFR 1.510(a) both indicate that “any person” may file a request for ex parte reexamination of a patent, unless prohibited by AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). Accordingly, there are no types of “persons” who are excluded from being able to seek reexamination under 35 U.S.C. 302. Corporations and/or governmental entities are included within the scope of the term “any person.” The only “person” who is barred from filing a request for ex parte reexamination of a patent under 35 U.S.C. 302 is one who is barred from doing so by the estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) based on inter partes review and post grant review, respectively, once the estoppel attaches. The patent owner can ask for reexamination which will be limited to an ex parte consideration of prior art patents or printed publications. If the patent owner wishes to have a wider consideration of issues by the Office, including matters such as prior public use or on sale, the patent owner may file a reissue application (see, e.g., MPEP § 1401§ 1403), or, where appropriate, a supplemental examination proceeding (see, e.g., MPEP § 2801§ 2803). It is also possible for the Director of the Office to initiate reexamination on the Director’s own initiative under 37 CFR 1.520. Some of the persons likely to use reexamination under 35 U.S.C. 302 are patentees, licensees, potential licensees, attorneys without identification of their real client in interest, infringers, potential exporters, patent litigants, interference applicants, and International Trade Commission respondents. The name of the person who files the request will not be maintained in confidence.

Jump to MPEP Source · 37 CFR 1.510(a)Request by Patent OwnerConsent of AssigneeReissue and Reexamination
Topic

Request Content Requirements

1 rules
StatutoryProhibitedAlways
[mpep-2212-bbea0e46ef2cefb7a30a7808]
Request for Ex Parte Reexamination Allowed at Any Time During Patent Enforceability
Note:
Any person may file a request for ex parte reexamination of any patent claim based on prior art, unless prohibited by specific statutes.

(a) Any person may, at any time during the period of enforceability of a patent, file a request for an ex parte reexamination by the Office of any claim of the patent on the basis of prior art patents or printed publications cited under § 1.501, unless prohibited by 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). The request must be accompanied by the fee for requesting reexamination set in § 1.20(c)(1).

Jump to MPEP Source · 37 CFR 1.501Request Content RequirementsEx Parte ReexaminationEx Parte Reexamination Request
Topic

Reexamination Filing Fee

1 rules
StatutoryRequiredAlways
[mpep-2212-2e5e3ccebc67e1df8b30ebc6]
Fee Required for Reexamination Request
Note:
A request for ex parte reexamination must be accompanied by the fee set in § 1.20(c)(1).

(a) Any person may, at any time during the period of enforceability of a patent, file a request for an ex parte reexamination by the Office of any claim of the patent on the basis of prior art patents or printed publications cited under § 1.501, unless prohibited by 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). The request must be accompanied by the fee for requesting reexamination set in § 1.20(c)(1).

Jump to MPEP Source · 37 CFR 1.501Reexamination Filing FeePost-Issuance & Maintenance FeesFee Requirements

Citations

Primary topicCitation
Inter Partes Review (IPR)
Reissue and Reexamination
Request by Patent Owner
35 U.S.C. § 1403
Inter Partes Review (IPR)
Reissue and Reexamination
Request by Patent Owner
35 U.S.C. § 2803
Inter Partes Review (IPR)
Reissue and Reexamination
Request by Patent Owner
35 U.S.C. § 302
Inter Partes Review (IPR)
Reexamination Filing Fee
Reissue and Reexamination
Request Content Requirements
Request by Patent Owner
35 U.S.C. § 315(e)(1)
Inter Partes Review (IPR)
Reexamination Filing Fee
Reissue and Reexamination
Request Content Requirements
Request by Patent Owner
35 U.S.C. § 325(e)(1)
Reexamination Filing Fee
Request Content Requirements
37 CFR § 1.20(c)(1)
Reexamination Filing Fee
Request Content Requirements
37 CFR § 1.501
Inter Partes Review (IPR)
Reissue and Reexamination
Request by Patent Owner
37 CFR § 1.510(a)
Inter Partes Review (IPR)
Reissue and Reexamination
Request by Patent Owner
37 CFR § 1.520
Inter Partes Review (IPR)
Reissue and Reexamination
Request by Patent Owner
MPEP § 1401
Inter Partes Review (IPR)
Reissue and Reexamination
Request by Patent Owner
MPEP § 2801

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31