What is the basis for ex parte reexamination under 35 U.S.C. 257?

The basis for ex parte reexamination under 35 U.S.C. 257 is broader than that of standard ex parte reexaminations. According to MPEP 2823:

“ex parte reexamination of any claim of the patent may be conducted on the basis of any item of information as set forth in 37 CFR 1.605, and is not limited to patents and printed publications or to subject matter that has been added or deleted during a reexamination proceeding, which differs from the provisions of 37 CFR 1.552(a)“

This means that in a reexamination resulting from supplemental examination:

• Any item of information can be the basis for reexamination
• The scope is not limited to patents and printed publications
• The examination can consider subject matter beyond what was added or deleted in previous reexaminations

This broader basis allows for a more comprehensive review of the patent’s validity in light of various types of information that may affect patentability.

To learn more:

• ex parte reexamination
• supplemental examination
• basis for reexamination