What is the time frame for the USPTO Director to make a determination on a reexamination request?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. According to 35 U.S.C. 303 , the USPTO Director has three months following the filing of a request for reexamination under 35 U.S.C. 302 to determine whether a substantial new question of patentability affecting any claim of the patent is raised by the request. The MPEP states: “ 35 U.S.C. 303 requires that within 3 months following the filing of a request for reexamination filed under 35 U.S.C. 302, the Director of the USPTO will determine whether or not the request raises a “substantial new question of patentability” affecting any claim of the patent of which reexamination is desired. “ This determination can be made with or without consideration of other patents or printed publications beyond those cited in the request. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Decision on Request for Reexamination MPEP 2240 Substantial New Question of Patentability Required for Second Request MPEP 2240 Recommended Substantial New Question of Patentability Determination MPEP 2240 Substantial New Question of Patentability Required for Reexamination MPEP 2240 Requirement for Substantial New Question of Patentability in Reexamination Request MPEP 2240 Director Must Determine Substantial New Question of Patentability Within Three Months MPEP 2240 Director Must Determine Substantial New Question of Patentability Within 3 Months MPEP 2240 New Question of Patentability Not Precluded by Previous Citations MPEP 2240 Substantial New Question Depends on Cited Prior Art in Second Ex Parte Reexamination Request MPEP 2240 Requirement for Substantial New Question of Patentability in Reexamination MPEP 2240 Required Other Related FAQs 5 FAQs Collapse How are claim scope statements cons...