What is a “reexamination of a reexamination”?
A “reexamination of a reexamination” refers to a situation where a new reexamination request is filed on a patent for which a reexamination certificate has already been issued, or when a reexamination certificate is issued on a prior reexamination while a new reexamination is pending. As stated in MPEP § 2695: “This reexamination request is…
Read MoreHow is a reexamination of a reexamination processed?
A reexamination of a reexamination is processed according to specific guidelines, regardless of the type of reexamination involved. According to MPEP § 2695: “A reexamination of a reexamination is processed in accordance with the guidelines set forth in MPEP § 2295 regardless of whether the reexamination certificate was issued for an ex parte reexamination or…
Read MoreCan a patent undergo multiple reexaminations?
Yes, a patent can undergo multiple reexaminations. This is evident from the concept of “reexamination of a reexamination” discussed in MPEP § 2695. The section states: “…a reexamination request filed on a patent for which a reexamination certificate has already issued, or a reexamination certificate issues on a prior reexamination, while the new reexamination is…
Read MoreWhere can I find guidance on processing a reexamination of a reexamination?
Guidance for processing a reexamination of a reexamination can be found in the Manual of Patent Examining Procedure (MPEP). Specifically, MPEP § 2695 states: “See MPEP § 2295 for guidance for the processing and examination of a reexamination request filed on a patent for which a reexamination certificate has already issued, or a reexamination certificate…
Read MoreWhat is the difference between ex parte and inter partes reexamination?
While MPEP § 2695 doesn’t directly define the difference between ex parte and inter partes reexamination, it mentions both types in the context of reexamination of a reexamination: “…regardless of whether the reexamination certificate was issued for an ex parte reexamination or an inter partes reexamination, and regardless of whether the pending reexamination proceeding is…
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