Who can file a request for ex parte reexamination?
According to MPEP 2212, “any person” may file a request for ex parte reexamination of a patent, as stated in 35 U.S.C. 302 and 37 CFR 1.510(a). The MPEP specifically notes that: “Corporations and/or governmental entities are included within the scope of the term ‘any person.’“ This broad definition includes patentees, licensees, potential licensees, attorneys,…
Read MoreCan the USPTO initiate ex parte reexamination on its own?
Yes, the USPTO can initiate ex parte reexamination on its own. According to MPEP 2212: “It is also possible for the Director of the Office to initiate reexamination on the Director’s own initiative under 37 CFR 1.520.“ This means that the Director of the USPTO has the authority to start an ex parte reexamination process…
Read MoreWhat types of persons typically file ex parte reexamination requests?
MPEP 2212 provides a non-exhaustive list of persons who are likely to use the ex parte reexamination process under 35 U.S.C. 302: Patentees Licensees Potential licensees Attorneys without identification of their real client in interest Infringers Potential exporters Patent litigants Interference applicants International Trade Commission respondents This diverse list reflects the various stakeholders in the…
Read MoreAre there any restrictions on who can file for ex parte reexamination?
Yes, there is one specific restriction mentioned in MPEP 2212: “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…
Read MoreCan a patent owner request ex parte reexamination?
Yes, a patent owner can request ex parte reexamination. According to MPEP 2212: “The patent owner can ask for reexamination which will be limited to an ex parte consideration of prior art patents or printed publications.“ However, if the patent owner wishes to have a wider consideration of issues by the USPTO, including matters such…
Read MoreIs the identity of the person filing an ex parte reexamination request confidential?
No, the identity of the person filing an ex parte reexamination request is not kept confidential. MPEP 2212 explicitly states: “The name of the person who files the request will not be maintained in confidence.“ This means that when someone files a request for ex parte reexamination, their identity becomes part of the public record.…
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