When is an ex parte reexamination ordered after supplemental examination?

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.

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Topics: MPEP 2800 - Supplemental Examination, MPEP 2818 - Procedure After Conclusion Of Supplemental Examination, Patent Law, Patent Procedure
Tags: ex parte reexamination, patent procedure, Snq, supplemental examination