What information is included in the examiner’s statement for an inter partes 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.

The examiner’s statement in an inter partes reexamination contains crucial information about the substantial new question of patentability. According to MPEP 2640:

“The statement will generally point out what it considers to be the substantial new question of patentability which presents a reasonable likelihood that the requester will prevail.”

The examiner’s statement typically includes:

• Identification of the specific claims affected
• An explanation of how the cited prior art raises a substantial new question of patentability
• References to relevant portions of the prior art
• A brief analysis of why the requester is likely to prevail

This statement serves as a guide for both the patent owner and the third party requester in understanding the basis for the reexamination and preparing their responses.