What is the scope of prior art considered in ex parte reexamination?
What is the scope of prior art considered in ex parte reexamination? In ex parte reexamination, the scope of prior art considered is broader than in the original examination. According to MPEP 2258: “The consideration of prior art in ex parte reexamination is, however, limited to prior patents or printed publications applied under the appropriate…
Read MoreCan new issues be raised in ex parte reexamination?
Can new issues be raised in ex parte reexamination? Generally, new issues cannot be raised in ex parte reexamination unless they are based on patents or printed publications. The MPEP 2258 states: “Issues other than those indicated in 37 CFR 1.552(c) will not be resolved in a reexamination proceeding.” However, there are some exceptions: New…
Read MoreHow does the scope of ex parte reexamination differ from inter partes review?
How does the scope of ex parte reexamination differ from inter partes review? The scope of ex parte reexamination is more limited compared to inter partes review (IPR). Key differences include: Prior Art: Ex parte reexamination is limited to patents and printed publications, while IPR can consider a broader range of prior art. Grounds: Ex…
Read MoreHow do double patenting principles apply to reexamination proceedings?
Basic principles of double patenting do apply to reexamination proceedings. The MPEP states: “Basic principles of double patenting apply to reexamination proceedings, as explained in this chapter and in MPEP Chapters 2200 and 2600 (see especially MPEP § 2258).” This means that during a reexamination, examiners should consider double patenting issues. For detailed guidance on…
Read More