Who typically conducts ex parte reexaminations?

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 made the decision on whether the reexamination request should be granted conducts the examination. As stated in MPEP § 2255:

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

This ensures continuity in the examination process and leverages the examiner’s familiarity with the case.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2255 - Who Reexamines Patent Law Patent Procedure
Tags: Reexamination Request