How is the patent owner notified of an inter partes reexamination order?

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.

When an inter partes reexamination is ordered, the patent owner is notified through official channels. According to MPEP 2640:

“If reexamination is ordered, the Director will simultaneously (1) send the patent owner a copy of the order to reexamine and the statement pursuant to 37 CFR 1.943(a) … and (2) notify the third party requester of the request that reexamination will be conducted.”

This notification ensures that the patent owner is promptly informed of the reexamination order and receives the necessary documentation to participate in the process. The patent owner will also receive a copy of the examiner’s statement explaining the substantial new question of patentability.