Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2200 – Citation Of Prior Art And Ex Parte Reexamination Of Patents (2)
The estoppel provisions related to ex parte reexamination requests are based on inter partes review and post-grant review proceedings. According to MPEP 2210:
“The estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) are based on inter partes review and post grant review, respectively, and they only prohibit the filing of a subsequent request for ex parte reexamination, once estoppel attaches; there is no estoppel as to the Office maintaining an existing ex parte reexamination proceeding.”
This means that parties who have participated in an inter partes review or post-grant review may be barred from subsequently filing an ex parte reexamination request on the same patent claims, based on prior art that was raised or reasonably could have been raised in the previous proceeding. However, these provisions do not affect ongoing ex parte reexamination proceedings.
To learn more:
The MPEP 2210 provides guidance on how a third party can anonymously request ex parte reexamination:
“If a third party requester desires anonymity, the request for ex parte reexamination can be filed by an attorney or agent representing the third party requester. The attorney or agent should not be the attorney or agent of record in the patent file.”
The MPEP further clarifies:
- The request must be signed by the attorney or agent
- The attorney or agent may not use the “certificate of service” portion of the reexamination request
- Any correspondence address provided should be that of the attorney or agent
This approach allows the third party to maintain anonymity while still initiating the reexamination process.
To learn more:
MPEP 2210 – Request For Ex Parte Reexamination Under 35 U.S.C. 302 (2)
The estoppel provisions related to ex parte reexamination requests are based on inter partes review and post-grant review proceedings. According to MPEP 2210:
“The estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) are based on inter partes review and post grant review, respectively, and they only prohibit the filing of a subsequent request for ex parte reexamination, once estoppel attaches; there is no estoppel as to the Office maintaining an existing ex parte reexamination proceeding.”
This means that parties who have participated in an inter partes review or post-grant review may be barred from subsequently filing an ex parte reexamination request on the same patent claims, based on prior art that was raised or reasonably could have been raised in the previous proceeding. However, these provisions do not affect ongoing ex parte reexamination proceedings.
To learn more:
The MPEP 2210 provides guidance on how a third party can anonymously request ex parte reexamination:
“If a third party requester desires anonymity, the request for ex parte reexamination can be filed by an attorney or agent representing the third party requester. The attorney or agent should not be the attorney or agent of record in the patent file.”
The MPEP further clarifies:
- The request must be signed by the attorney or agent
- The attorney or agent may not use the “certificate of service” portion of the reexamination request
- Any correspondence address provided should be that of the attorney or agent
This approach allows the third party to maintain anonymity while still initiating the reexamination process.
To learn more:
Patent Law (2)
The estoppel provisions related to ex parte reexamination requests are based on inter partes review and post-grant review proceedings. According to MPEP 2210:
“The estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) are based on inter partes review and post grant review, respectively, and they only prohibit the filing of a subsequent request for ex parte reexamination, once estoppel attaches; there is no estoppel as to the Office maintaining an existing ex parte reexamination proceeding.”
This means that parties who have participated in an inter partes review or post-grant review may be barred from subsequently filing an ex parte reexamination request on the same patent claims, based on prior art that was raised or reasonably could have been raised in the previous proceeding. However, these provisions do not affect ongoing ex parte reexamination proceedings.
To learn more:
The MPEP 2210 provides guidance on how a third party can anonymously request ex parte reexamination:
“If a third party requester desires anonymity, the request for ex parte reexamination can be filed by an attorney or agent representing the third party requester. The attorney or agent should not be the attorney or agent of record in the patent file.”
The MPEP further clarifies:
- The request must be signed by the attorney or agent
- The attorney or agent may not use the “certificate of service” portion of the reexamination request
- Any correspondence address provided should be that of the attorney or agent
This approach allows the third party to maintain anonymity while still initiating the reexamination process.
To learn more:
Patent Procedure (2)
The estoppel provisions related to ex parte reexamination requests are based on inter partes review and post-grant review proceedings. According to MPEP 2210:
“The estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) are based on inter partes review and post grant review, respectively, and they only prohibit the filing of a subsequent request for ex parte reexamination, once estoppel attaches; there is no estoppel as to the Office maintaining an existing ex parte reexamination proceeding.”
This means that parties who have participated in an inter partes review or post-grant review may be barred from subsequently filing an ex parte reexamination request on the same patent claims, based on prior art that was raised or reasonably could have been raised in the previous proceeding. However, these provisions do not affect ongoing ex parte reexamination proceedings.
To learn more:
The MPEP 2210 provides guidance on how a third party can anonymously request ex parte reexamination:
“If a third party requester desires anonymity, the request for ex parte reexamination can be filed by an attorney or agent representing the third party requester. The attorney or agent should not be the attorney or agent of record in the patent file.”
The MPEP further clarifies:
- The request must be signed by the attorney or agent
- The attorney or agent may not use the “certificate of service” portion of the reexamination request
- Any correspondence address provided should be that of the attorney or agent
This approach allows the third party to maintain anonymity while still initiating the reexamination process.
To learn more: