What is the process for denying a request for reexamination?

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.”

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2247 - Decision Under 35 U.S.C. 303 On Request For Reexamination Filed Under 35 U.S.C. 302, Patent Law, Patent Procedure, Request Denied
Tags: Panel Review Conference, patent examination, substantial new question of patentability