What is the “special status” for reexamination proceedings?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

The “special status” for reexamination proceedings refers to the priority given to these cases within the United States Patent and Trademark Office (USPTO). According to MPEP 2261, reexamination proceedings are conducted with “special dispatch” as mandated by 35 U.S.C. 305.

The MPEP states:

“All reexamination proceedings under this section, including any appeal to the Patent Trial and Appeal Board, will be conducted with special dispatch within the Office.”

This means that reexamination proceedings are given priority over most other patent-related matters, ensuring they are processed more quickly than standard patent applications or other proceedings.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2261 - Special Status For Action Patent Law Patent Procedure
Tags: Patent Office Procedure, Priority Handling, Special Status