What is the time frame for the USPTO Director to make a determination on a reexamination request?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2240 - Decision On Request Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure