When is an ex parte reexamination ordered after supplemental examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 8 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. An ex parte reexamination is ordered after supplemental examination when the supplemental examination certificate indicates that a Substantial New Question of patentability (SNQ) is raised. According to MPEP 2818 : “If the supplemental examination certificate indicates that a SNQ is raised, ex parte reexamination of the patent will be ordered under 35 U.S.C. 257.” This reexamination is conducted under existing rules, with two key exceptions: the patent owner cannot file a statement, and the Office addresses each SNQ regardless of whether it’s raised by a patent or printed publication. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Fee for Ex Parte Reexamination Ordered After Supplemental Exam Will Be Refunded MPEP 2818 Ex Parte Reexamination Ordered on SNQ MPEP 2818 Patent Owner Lacks Statement Right in Ex Parte Reexamination Ordered by Supplemental Exam MPEP 2818 Supplemental Examination Certificate Must Be Published MPEP 2818 Ex Parte Reexamination Not Ordered If No SNQ Raised MPEP 2818 Assignee Entry on Patent Will Be Smith Company MPEP 1309 Assignee Name on Patent May Differ From PTOL-85B MPEP 1309 Correction for Clerical Mistakes Allowed MPEP 1481 Required Other Related FAQs 5 FAQs Collapse How does ex parte reexamination differ when ordered after supplemental examination? What happens if no Substantial New Question of patentability is raised in supplemental examination? What happens to the reexamination fee if no SNQ is raised in supplemental examination? What happens after a supplemental examination is concluded? When can amendments be filed in ex parte reexamination under 35 U.S.C. 257?