How does the scope of issues considered in ex parte reexamination under 35 U.S.C. 257 differ from standard reexaminations?
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.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2823 - Differences Between An Ex Parte Reexamination Proceeding Ordered Pursuant To 35 U.S.C. 257 And An Ex Parte Reexamination Proceeding Ordered Pursuant To 35 U.S.C. 302,
Patent Law,
Patent Procedure