How is an ex parte reexamination ordered under 35 U.S.C. 257?

An ex parte reexamination under 35 U.S.C. 257 is ordered following a supplemental examination proceeding that finds a substantial new question of patentability. The process is as follows:

1. A supplemental examination certificate is issued with reasons for the substantial new question of patentability.
2. The examiner prepares an order for ex parte reexamination.
3. The order may use form PTO-2302 or include form paragraph 28.04 at the beginning of an initial Office action.

MPEP 2818.01 provides the following form paragraph for ordering reexamination:

“Reexamination Ordered Pursuant to 35 U.S.C. 257
The supplemental examination proceeding, filed on [1], concluded with the issuance of the supplemental examination certificate on [2]. The certificate indicated that one or more of the items of information submitted as part of the request for supplemental examination raises a substantial new question of patentability. […] Accordingly, ex parte reexamination of claim(s) [3] of U.S. Patent No. [4] is ordered.”

To learn more:

• ex parte reexamination
• 35 U.S.C. 257
• supplemental examination
• reexamination order