MPEP § 2255 — Who Reexamines (Annotated Rules)

§2255 Who Reexamines

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

This page consolidates and annotates all enforceable requirements under MPEP § 2255, 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.

Who Reexamines

This section addresses Who Reexamines. Primary authority: 37 CFR 1.515(c). Contains: 1 guidance statement and 1 other statement.

Key Rules

Topic

Ex Parte Reexamination Request

1 rules
MPEP GuidanceRecommendedAlways
[mpep-2255-c6a2b4b765143176a39f575b]
Examination by Same Examiner Who Decided Reexamination Request
Note:
The examination for a reexamination request will typically be conducted by the same patent examiner who decided whether to grant the request.

The examination will ordinarily be conducted by the same patent examiner who made the decision on whether the reexamination request should be granted. See MPEP § 2236.

Jump to MPEP SourceEx Parte Reexamination RequestEx Parte Reexamination
Topic

SNQ Criteria

1 rules
StatutoryInformativeAlways
[mpep-2255-0ae4d6509413abbbc9da05ff]
Reexamination Generally Conducted by Another Examiner After SNQ Petition Grant
Note:
If a petition under 37 CFR 1.515(c) is granted after an examiner determines no substantial new question, the reexamination will be conducted by another examiner.

However, if a petition under 37 CFR 1.515(c) is granted after an examiner's determination that found the request did not raise any SNQ, the reexamination will generally be conducted by another examiner. See MPEP § 2248.

Jump to MPEP Source · 37 CFR 1.515(c)SNQ CriteriaDenial – No SNQ RaisedSubstantial New Question of Patentability

Citations

Primary topicCitation
SNQ Criteria37 CFR § 1.515(c)
Ex Parte Reexamination RequestMPEP § 2236
SNQ CriteriaMPEP § 2248

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