Can a patent owner file a statement in an ex parte reexamination ordered under 35 U.S.C. 257?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, a patent owner cannot file a statement in an ex parte reexamination ordered under 35 U.S.C. 257 . This is one of the key differences from reexaminations ordered under 35 U.S.C. 302. MPEP 2823 states: “ the patent owner will not have the right to file a statement pursuant to 37 CFR 1.530, and the order will not set a time period within which to file such a statement .” This means that in a reexamination resulting from supplemental examination, the patent owner does not have the opportunity to file an initial statement as they would in a standard ex parte reexamination. Other Related FAQs 5 FAQs Collapse What is the basis for ex parte reexamination under 35 U.S.C. 257? What are the key differences between ex parte reexamination ordered under 35 U.S.C. 257 and 35 U.S.C. 302? How is information material to patentability defined in ex parte reexamination under 35 U.S.C. 257? When can a patent owner file an amendment in an ex parte reexamination ordered under 35 U.S.C. 257? How does the scope of issues considered in ex parte reexamination under 35 U.S.C. 257 differ from standard reexaminations?