What is the process for denying a request for 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.

When a request for reexamination is denied, the following process is followed:

• The examiner prepares a decision denying the reexamination request if no substantial new question of patentability is found.
• Form paragraph 22.02 is used as the introductory paragraph in the decision.
• The examiner responds to each argument based on patents or printed publications.
• A panel review conference is conducted to discuss the decision.
• After the conference, the examiner completes and signs the decision, with conferees initialing it.
• The decision is processed for mailing by the Central Reexamination Unit (CRU).

As stated in the MPEP: “If the examiner’s position is to deny reexamination, the examiner will prepare for and set up a panel review conference as per MPEP § 2271.01, to discuss the issuance of a decision denying reexamination.”