MPEP § 2232.01 — Determining if a Reexamination Request Was Filed under 35 U.S.C. 302 for a Patent (Annotated Rules)
§2232.01 Determining if a Reexamination Request Was Filed under 35 U.S.C. 302 for a Patent
This page consolidates and annotates all enforceable requirements under MPEP § 2232.01, 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.
Determining if a Reexamination Request Was Filed under 35 U.S.C. 302 for a Patent
This section addresses Determining if a Reexamination Request Was Filed under 35 U.S.C. 302 for a Patent. Contains: 2 permissions.
Key Rules
Ex Parte Reexamination Request
Both the Internet (using Patent Center) and the USPTO intranet (using Patent Data Portal (PDP)) can be accessed to determine if a reexamination request has been filed for a particular patent.
Examiner Action Status Tracking
– From the USPTO intranet site https://ptoweb.uspto.gov, Office personnel can click on "Business Units" and then “Patent Data Portal”.
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.
Official MPEP § 2232.01 — Determining if a Reexamination Request Was Filed under 35 U.S.C. 302 for a Patent
Source: USPTO2232.01 Determining if a Reexamination Request Was Filed under 35 U.S.C. 302 for a Patent [R-07.2022]
TO DETERMINE FROM PATENT CENTER OR PATENT DATA PORTAL IF A REEXAMINATION REQUEST HAS BEEN FILED FOR A GIVEN PATENT NUMBERBoth the Internet (using Patent Center) and the USPTO intranet (using Patent Data Portal (PDP)) can be accessed to determine if a reexamination request has been filed for a particular patent.
Using the USPTO Intranet– From the USPTO intranet site https://ptoweb.uspto.gov, Office personnel can click on “Business Units” and then “Patent Data Portal”.
– From here, select “patent number” in the drop down menu next to “Search by” and enter the patent number.
– Click the search icon and when the application information appears, click on “Continuity & foreign data” to obtain the reexamination number.
Any reexamination for the patent number will be listed.
There will be about a ten (10) day lag between filing and data entry into the database.