How does the scope of issues considered in ex parte reexamination under 35 U.S.C. 257 differ from standard reexaminations?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. The scope of issues considered in ex parte reexamination under 35 U.S.C. 257 is broader than in standard reexaminations. MPEP 2823 states: “ issues in addition to those raised by patents and printed publications and by subject matter added or deleted during an ex parte reexamination proceeding may be considered and resolved, which differs from 37 CFR 1.552(c) “ This means that in reexaminations resulting from supplemental examination: The scope is not limited to issues raised by patents and printed publications Issues beyond those related to added or deleted subject matter can be considered A wider range of patentability issues can be addressed This broader scope allows for a more comprehensive examination of the patent’s validity, considering various aspects that might affect patentability beyond the limitations of standard ex parte reexaminations. Other Related FAQs 5 FAQs Collapse What is the basis for ex parte reexamination under 35 U.S.C. 257? What are the key differences between ex parte reexamination ordered under 35 U.S.C. 257 and 35 U.S.C. 302? How is information material to patentability defined in ex parte reexamination under 35 U.S.C. 257? When can a patent owner file an amendment in an ex parte reexamination ordered under 35 U.S.C. 257? Can a patent owner file a statement in an ex parte reexamination ordered under 35 U.S.C. 257?