Who receives copies of the Ex Parte Reexamination Certificate?
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.
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.