What 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 MoreHow are second or subsequent reexamination requests handled during a pending reexamination?
When a second or subsequent request for ex parte reexamination is filed under 35 U.S.C. 302 while a first ex parte reexamination is pending, the USPTO considers whether the new request raises a different substantial new question of patentability. The MPEP states: “If the requester includes in the second or subsequent request prior art which…
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