How does the USPTO handle a request for reexamination of a patent that has already been reissued?
The USPTO has a specific policy for handling reexamination requests for patents that have already been reissued. The MPEP states: “Where a request for reexamination is filed on a patent after a reissue patent for that patent has already issued, reexamination will be denied, because the patent on which the request for reexamination is based…
Read MoreCan a reexamination be ordered for claims not specifically requested in the inter partes reexamination request?
Generally, the USPTO will limit its examination to the claims specifically requested for reexamination. However, the Office retains discretion to reexamine other claims. The MPEP states: “The Office’s determination in both the order for reexamination and the examination stage of the reexamination will generally be limited solely to a review of the claim(s) for which…
Read MoreWhat is the prohibition on filing subsequent inter partes reexamination requests?
The USPTO has a prohibition on filing subsequent inter partes reexamination requests under certain circumstances. The MPEP states: “Where an ordered inter partes reexamination is pending, and an inter partes reexamination request is subsequently filed, the prohibition provision of 37 CFR 1.907(a) must be considered. Once an order for inter partes reexamination has been issued,…
Read MoreWho has the authority to order reexamination at the Director’s initiative?
The authority to order reexamination at the Director’s initiative is delegated to specific high-ranking officials within the USPTO. According to MPEP 2239: “Authority to order reexamination at the Director’s initiative has been delegated to the Deputy Commissioner for Patents who oversees the Office of Petitions. A decision to order reexamination at the Director’s initiative may…
Read More