How does the MPEP distinguish between different types of reexamination requests?

The MPEP distinguishes between different types of reexamination requests based on the requester’s intent and the claims made. Two main types are discussed:

1. Requests indicating claims are unpatentable over the art:

“The example in MPEP § 2247.01 is drafted for the case where the ‘request indicates that Requester considers that Claims 1-2 are unpatentable over Smith taken with Jones.'”

2. Requests indicating a substantial new question of patentability is raised:

“This may occur, for example, in a patent owner request filed to address prior art that raises a substantial new question of patentability but the claims are still patentable over the art.”

The distinction is important because it affects how the decision on the request is phrased and the examiner’s approach to analyzing the request.

To learn more:

• reexamination requests
• patent claims
• substantial new question
• patentability