What is the time limit for deciding on a reexamination request under 35 U.S.C. 302?

Question

Accepted Answer

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 MPEP 2241 , the determination of whether or not to reexamine must be made within 3 months following the filing date of a request. This is based on 35 U.S.C. 303(a) and 37 CFR 1.515(a) . The MPEP states: “The determination of whether or not to reexamine must be made within 3 months following the filing date of a request.” This three-month period is a strict deadline that the USPTO must adhere to when processing reexamination requests. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Determination to Reexamine Must Be Made Within 3 Months MPEP 2241 Ex Parte Reexamination Consideration Limited to Patents and Publications MPEP 2217 Determination for Reexamination Must Be Made Within 3 Months MPEP 2241 Required Office May Initiate Reexamination of Non-Request Claim MPEP 2240 Permitted Office May Initiate Reexamination of Non-Requested Claims MPEP 2243 Permitted Request Must Include Substantial New Question of Patentability MPEP 2216 Director Must Determine Substantial New Question of Patentability Within 3 Months MPEP 2240 Director Must Determine Substantial New Question of Patentability Within Three Months MPEP 2240 Determination to Reexamine at Any Time During Patent Enforceability Period MPEP 2241 Permitted Claim Basis for Substantial New Question of Patentability MPEP 2243 Other Related FAQs 5 FAQs Collapse What should I know about multiple copending reexamination proceedings? What happens if the 3-month period for deciding a reexamination request ends on a non-business day? Is there a time limit for requesting reexamination of a patent? No more FAQs can be generated Can admissions be used as a basis for establishing a substantial new question of pate...