What is ex parte reexamination?

Ex parte reexamination is a procedure that allows any person to request a review of an issued patent at any time during its enforceability period. The process involves the United States Patent and Trademark Office (USPTO) examining the patent again to determine if there is a substantial new question of patentability.

According to MPEP 2209, “Procedures for reexamination of issued patents began on July 1, 1981, the date when the reexamination provisions of Public Law 96-517 came into effect.” The process is designed to provide a mechanism for reviewing the validity of patents based on new prior art or new interpretations of existing prior art.

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2209 - Ex Parte Reexamination, Patent Law, Patent Procedure
Tags: ex parte reexamination, Patent Review, substantial new question of patentability, USPTO