What is required for reconsideration in a patent reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
For reconsideration in a patent reexamination, the patent owner must respond to the Office action. As stated in MPEP 2269:
“In order to be entitled to reconsideration, the patent owner must respond to the Office action. 37 CFR 1.111(b).”
This response can be with or without amendment, and the patent will be reconsidered accordingly.
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2269 - Reconsideration
Patent Law
Patent Procedure