What are the requirements for filing an ex parte reexamination request?

Filing an ex parte reexamination request requires several key elements as outlined in 37 CFR 1.510(b):

  • A statement pointing out each substantial new question of patentability based on prior patents and printed publications.
  • An identification of every claim for which reexamination is requested, with a detailed explanation of how the cited prior art applies to each claim.
  • Copies of all relied-upon patents or printed publications, including translations if necessary.
  • A copy of the entire patent for which reexamination is requested.
  • A certification of service on the patent owner (if the requester is not the patent owner).
  • A certification regarding statutory estoppel provisions.

Additionally, the request must be accompanied by the appropriate fee as specified in 37 CFR 1.20(c)(1) or (c)(2).

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2210 - Request For Ex Parte Reexamination Under 35 U.S.C. 302, Patent Law, Patent Procedure
Tags: ex parte reexamination, filing requirements, Patent Review, USPTO