What is the Waiver of Statement Program in ex parte reexamination?
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 Waiver of Statement Program is an initiative to expedite ex parte reexamination proceedings. According to MPEP 2249, “If the patent owner waives the right to file a patent owner’s statement in response to a request from the Office, the examiner will be able to act on the first Office action on the merits immediately after determining that reexamination will be ordered under 35 U.S.C. 304, and in a suitable case issue the reexamination order and the first Office action on the merits at the same time.” This program aims to eliminate delays and improve efficiency in the reexamination process.