Who typically conducts an inter partes 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.

Typically, the same patent examiner who decided to grant the reexamination request conducts the examination. As stated in MPEP § 2655:

“The examination is ordinarily conducted by the same patent examiner who made the decision that the reexamination request should be granted.”

This ensures continuity and familiarity with the case throughout the reexamination process.

Topics: MPEP 2600 - Optional Inter Partes Reexamination MPEP 2655 - Who Reexamines Patent Law Patent Procedure
Tags: inter partes reexamination, Patent Examiner, Reexamination Procedure