What types of persons typically file ex parte reexamination requests?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
MPEP 2212 provides a non-exhaustive list of persons who are likely to use the ex parte reexamination process under 35 U.S.C. 302:
- Patentees
- Licensees
- Potential licensees
- Attorneys without identification of their real client in interest
- Infringers
- Potential exporters
- Patent litigants
- Interference applicants
- International Trade Commission respondents
This diverse list reflects the various stakeholders in the patent system who might have an interest in challenging or clarifying the validity of a patent through the ex parte reexamination process.
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2212 - Persons Who May File A Request For Ex Parte Reexamination Under 35 U.S.C. 302
Patent Law
Patent Procedure