How is the public notified of an issued Ex Parte Reexamination Certificate?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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 United States Patent and Trademark Office (USPTO) has a specific procedure for notifying the public about the issuance of Ex Parte Reexamination Certificates. According to MPEP 2288:

“A notice of the issuance of each ex parte reexamination certificate under this section will be published in the Official Gazette on its date of issuance.”

This provision is codified in 37 CFR 1.570(f), which states:

“A notice of the issuance of each ex parte reexamination certificate under this section will be published in the Official Gazette on its date of issuance.”

The MPEP further clarifies that the format of this notice is similar to that used for reissue patents. This publication in the Official Gazette serves as a public announcement, ensuring that interested parties are informed about changes to patent rights resulting from the reexamination process.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2288 - Issuance Of Ex Parte Reexamination Certificate Patent Law Patent Procedure
Tags: Correspondence General, Reexam Certificate, Request Content