Can a patent owner file an ex parte reexamination request?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Reexamination Must Be Accompanied by Fee MPEP 2210 Required Request Must Cite Pertinent Prior Art for Each Claim MPEP 2210 Required Refund for Incomplete Ex Parte Reexamination Request MPEP 2215 Refund for Denied Ex Parte Reexamination Request MPEP 2215 Any Person May Request Patent Reexamination Based on Prior Art MPEP 2210 Permitted Request Must Be Served on Patent Owner MPEP 2220 Required Excess Claims Fees for Proposed Amendments During Reexamination MPEP 2210 Permitted Request for Reexamination Copy Sent to Patent Owner MPEP 2210 Request for Ex Parte Reexamination Filing Fee Requirement MPEP 2210 Required Fee Required for Ex Parte Reexamination Request MPEP 2210 Required Other Related FAQs 5 FAQs Collapse How can a third party anonymously request ex parte reexamination? What are the estoppel provisions related to ex parte reexamination requests? What are the requirements for filing an ex parte reexamination request? How can I submit an ex parte reexamination request to the USPTO? What ...