How can the Chief Administrative Patent Judge address issues related to substantial new questions of patentability in ex parte reexaminations?

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.

The Chief Administrative Patent Judge has the authority to address issues related to substantial new questions of patentability in ex parte reexaminations. According to MPEP 1002.02(f):

“If raised properly during ex parte reexamination and in a subsequent appeal, issues relating to an examiner’s determination that a reference raises a substantial new question of patentability. See 75 FR 36357 (June 25, 2010). This authority may be re-delegated to the panel of the Patent Trial and Appeal Board deciding the appeal in the reexamination.”

This means that the Chief Administrative Patent Judge can review and decide on issues related to an examiner’s determination of a substantial new question of patentability when these issues are properly raised during the reexamination process and subsequent appeal. The authority can also be delegated to the PTAB panel handling the appeal.