Who can file a request for ex parte reexamination?
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.
According to MPEP 2212, “any person” may file a request for ex parte reexamination of a patent, as stated in 35 U.S.C. 302 and 37 CFR 1.510(a). The MPEP specifically notes that:
“Corporations and/or governmental entities are included within the scope of the term ‘any person.’“
This broad definition includes patentees, licensees, potential licensees, attorneys, infringers, potential exporters, patent litigants, interference applicants, and International Trade Commission respondents.
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