What regulations govern ex parte reexamination ordered under 35 U.S.C. 257?
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.“
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2818.01 - After Determination Finding A Substantial New Question Of Patentability,
Patent Law,
Patent Procedure