What are the key procedures for conducting inter partes reexamination proceedings?

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.

Inter partes reexamination proceedings are conducted according to specific procedures established by law and regulation. According to MPEP 2654:

• Reexamination follows procedures similar to initial examination, as stated in 35 U.S.C. 314(a): “Except as otherwise provided in this section, reexamination shall be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133.”
• The patent owner may propose amendments, but cannot enlarge the scope of claims.
• Both the patent owner and third-party requester must serve documents on each other.
• The third-party requester has 30 days to comment on patent owner responses.
• Proceedings are conducted with “special dispatch” unless good cause is shown.

These procedures ensure a fair and efficient reexamination process with opportunities for both parties to participate.