Can a patent owner request ex parte reexamination?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 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 ) Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Owner Can Request Ex Parte Reexamination Limited to Prior Art MPEP 2212 Permitted Patent Owner Can File Reissue Application for Broader Examination MPEP 2212 Permitted Who Can Request Ex Parte Reexamination of a Patent MPEP 2212 Any Person Can File Request for Ex Parte Reexamination Unless Estopped MPEP 2212 Prohibited Patent Owner Estoppel Bars Ex Parte Reexamination Request MPEP 2212 Any Person May Seek Patent Reexamination Under 35 U.S.C. 302 MPEP 2212 Requestor’s Name Not Kept Confidential During Ex Parte Reexamination MPEP 2212 Corporations and Governmental Entities Can File for Ex Parte Reexamination MPEP 2212 Request for Ex Parte Reexamination Allowed at Any Time During Patent Enforceability MPEP 2212 Prohibited Information Not Limited to Patents in Supplemental Exam MPEP 2801 Permitted Other Related FAQs 5 FAQs Collapse Is the identity of the person filing an ex parte reexamination request confidential? Are there any restrictions on who can file for ex parte reexamination? What types of persons typically file ex parte reexamination requests? Can the USPTO initiate ex par...