What is the scope of an ex parte reexamination under 35 U.S.C. 304?
An ex parte reexamination under 35 U.S.C. 304 provides a complete reexamination of the patent claims based on prior art patents and printed publications. The MPEP states:
“A reexamination proceeding ordered under 35 U.S.C. 304 provides a complete reexamination of the patent claims on the basis of prior art patents and printed publications.”
Additionally, double patenting issues may be considered, and 35 U.S.C. 112 issues are addressed only for new claims or amendatory subject matter. The scope of original patent claims cannot be enlarged during reexamination.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2258 - Scope Of Ex Parte Reexamination,
Patent Law,
Patent Procedure