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).
To learn more:
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