What is the prohibition on filing subsequent inter partes reexamination requests?
The USPTO has a prohibition on filing subsequent inter partes reexamination requests under certain circumstances. The MPEP states:
“Where an ordered inter partes reexamination is pending, and an inter partes reexamination request is subsequently filed, the prohibition provision of 37 CFR 1.907(a) must be considered. Once an order for inter partes reexamination has been issued, neither the third party requester of the inter partes reexamination, nor its privies, may file a subsequent request for inter partes reexamination of the same patent until an inter partes reexamination certificate has been issued, unless expressly authorized by the Director of the Office.”
This prohibition is based on statutory provisions:
“Note that 37 CFR 1.907(a) tracks the statutory provision of 35 U.S.C. 317(a).”
The purpose of this rule is to prevent abuse of the reexamination process and to ensure efficiency. However, there is a possibility for exceptions:
“A petition for such express authorization is a request for extraordinary relief and will not be granted where there is a more conventional avenue to accomplish the same purpose and provide relief analogous to that requested.”
This policy helps maintain the integrity of the reexamination process while allowing for flexibility in extraordinary circumstances.
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