What are the key differences in ex parte reexamination ordered under 35 U.S.C. 257?
Ex parte reexamination ordered under 35 U.S.C. 257 has several key differences from standard ex parte reexamination:
- The patent owner cannot file a statement under 37 CFR 1.530.
- Reexamination can be conducted based on any item of information, not just patents and printed publications.
- Additional issues beyond those raised by patents and printed publications can be considered.
- The material to patentability standard is defined by 37 CFR 1.56.
As stated in MPEP 2818.01: “Ex parte reexamination under 35 U.S.C. 257 will be conducted in accordance with 37 CFR 1.530 through 1.570, which govern ex parte reexamination, subject to the exceptions enumerated in 37 CFR 1.625(d).”
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2818.01 - After Determination Finding A Substantial New Question Of Patentability,
Patent Law,
Patent Procedure