Who receives copies of the Ex Parte Reexamination Certificate?
The distribution of Ex Parte Reexamination Certificates is governed by specific USPTO rules. According to MPEP 2288, which cites 37 CFR 1.570(c):
“The ex parte reexamination certificate will be mailed on the day of its date to the patent owner at the address as provided for in § 1.33(c). A copy of the ex parte reexamination certificate will also be mailed to the requester of the ex parte reexamination proceeding.”
This means that two parties are guaranteed to receive copies of the certificate:
- The patent owner, who receives the original certificate at their address of record.
- The requester of the ex parte reexamination, who receives a copy of the certificate.
This distribution ensures that the primary parties involved in the reexamination process are directly informed of its outcome. The public can access the information through the Official Gazette notice, as mentioned in a previous FAQ.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2288 - Issuance Of Ex Parte Reexamination Certificate,
Patent Law,
Patent Procedure