What form is used to communicate the reasons for patentability in ex parte reexamination?
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.
In ex parte reexamination proceedings, the USPTO uses a specific form to communicate the reasons for patentability or confirmation of patent claims. According to MPEP 2296, this form is:
PTOL-476: Reasons for Patentability/Confirmation
The PTOL-476 form is used by examiners to explain why certain claims in the patent under reexamination are deemed patentable or why the original patentability determination is confirmed. This form provides crucial information to the patent owner and any third-party requesters about the examiner’s reasoning in upholding or confirming the patent claims.