Can double patenting rejections be made in ex parte reexamination?

Can double patenting rejections be made in ex parte reexamination?

Yes, double patenting rejections can be made in ex parte reexamination, but with specific conditions:

• Double patenting rejections are permitted if they are based on patents or printed publications.
• These rejections must raise a substantial new question of patentability.
• The MPEP 2258 states: “Double patenting rejections may be made in reexamination proceedings, including reexamination proceedings ordered on or after November 2, 2002.”

However, it’s important to note that the scope of double patenting rejections in reexamination is limited compared to original examination. The focus remains on issues arising from prior art patents or printed publications.

To learn more:

• ex parte reexamination
• double patenting
• patent rejections