What regulations govern ex parte reexamination ordered under 35 U.S.C. 257?

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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. Ex parte reexamination ordered under 35 U.S.C. 257 is generally governed by the same regulations as standard ex parte reexamination, with some specific exceptions. According to MPEP 2818.01 : “ Ex parte reexamination under 35 U.S.C. 257 will be conducted in accordance with 37 CFR 1.530 through 1.570, which govern ex parte reexamination, subject to the exceptions enumerated in 37 CFR 1.625(d) .” The key exceptions include: No patent owner statement under 37 CFR 1.530 Broader scope of information considered (not limited to patents and printed publications) Additional issues beyond those in standard reexamination can be considered Material to patentability defined by 37 CFR 1.56 For detailed procedures, the MPEP states: “ See, generally, MPEP § 2254 and MPEP §§ 2260 – 2296 for a detailed discussion of ex parte reexamination procedures and processes. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Fee for Ex Parte Reexamination Ordered After Supplemental Exam Will Be Refunded MPEP 2818 Ex Parte Reexamination Material Limited to Patents and Publications MPEP 2818.01 Ex Parte Reexamination Ordered on SNQ MPEP 2818 Material to Patentability Standard Applies to Ex Parte Reexamination MPEP 2818.01 Order for Ex Parte Reexamination Based on Supplemental Examination Determination MPEP 2818.01 Patent Owner Lacks Statement Right in Ex Parte Reexamination Ordered by Supplemental Exam MPEP 2818 Ex Parte Reexamination Not Ordered If No SNQ Raised MPEP 2818 Supplemental Examination Reexamination Follows Ex Parte Procedures MPEP 2818.01 Applicant Reference Read As Patent Owner In Supplemental Examination and Ex Parte Reexamination MPEP 2818.01 Ex Parte Reexamination Conducted Di...