Can a patent owner request ex parte reexamination?
Yes, a patent owner can request ex parte reexamination. According to MPEP 2212:
“The patent owner can ask for reexamination which will be limited to an ex parte consideration of prior art patents or printed publications.“
However, if the patent owner wishes to have a wider consideration of issues by the USPTO, including matters such as prior public use or on sale, they have other options:
- File a reissue application (see MPEP § 1401 – § 1403)
- Where appropriate, file a supplemental examination proceeding (see MPEP § 2801 – § 2803)
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2212 - Persons Who May File A Request For Ex Parte Reexamination Under 35 U.S.C. 302,
Patent Law,
Patent Procedure