Patent Law FAQ

Information about reexamination proceedings is made available to the public in several ways:

1. Announcement in the Official Gazette:
   • The filing of each request for reexamination (where the full fee has been paid) is announced
   • Reexaminations ordered at the Director’s initiative are also announced
2. Public inspection of reexamination files:
   • Once scanned into the Image File Wrapper (IFW) system, reexamination files are open to public inspection
   • Files can be accessed through Patent Center on the USPTO website
   • The entire contents of the reexamination file are viewable, except for non-patent literature

Direct quote: ‘All requests for reexamination for which all the requirements of § 1.510 or § 1.915 have been satisfied will be announced in the Official Gazette. Any reexaminations at the initiative of the Director pursuant to § 1.520 will also be announced in the Official Gazette.’ (37 CFR 1.11(c))

Note that a reexamination file is typically not open to inspection until it has been scanned into the IFW system.