Can a patent owner file an ex parte reexamination request?
Yes, a patent owner can file an ex parte reexamination request. The MPEP 2210 states: “If a request filed by the patent owner includes a proposed amendment in accordance with 37 CFR 1.530, excess claims fees under 37 CFR 1.20(c)(3) and (c)(4) may also apply.”
This provision allows patent owners to proactively address potential patentability issues and propose amendments to their claims. However, it’s important to note that filing a reexamination request may open the patent to scrutiny and potential challenges, so patent owners should carefully consider this option and consult with a patent attorney before proceeding.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2210 - Request For Ex Parte Reexamination Under 35 U.S.C. 302,
Patent Law,
Patent Procedure