How are ex parte reexamination proceedings conducted?
Ex parte reexamination proceedings are conducted according to 35 U.S.C. 305, which states: “reexamination will be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133.” This means that the examination process follows similar procedures to the initial patent examination.
Additionally, the MPEP states that “The examination will be conducted in accordance with 37 CFR 1.104, 1.105, 1.110 – 1.113, and 1.116” and will result in the issuance of a reexamination certificate. Importantly, these proceedings are conducted with special dispatch within the USPTO to ensure timely resolution.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2254 - Conduct Of Ex Parte Reexamination Proceedings,
Patent Law,
Patent Procedure