MPEP § 2290 — MPEP § 2290
Current through: 2022-07-01

2290-Format of Ex Parte Reexamination Certificate 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2200 

 Section 2290 
 

 
 
 
 
 
 2290 Format of Ex Parte Reexamination
 Certificate [R-07.2022]
 

 An ex parte reexamination certificate is issued at the
 close of each ex parte reexamination proceeding in which reexamination
 has been ordered under 37 CFR 1.525 , except for the following two cases:
 

 
 (A) The ex parte reexamination proceeding is merged
 with a reissue application pursuant to 37 CFR 1.565(d) . If the
 ex parte reexamination proceeding is concluded by the grant of
 a reissue patent, the reissue patent will constitute the reexamination
 certificate;
 

 (B) The ex parte reexamination proceeding is merged
 with an inter partes reexamination proceeding pursuant to
 37 CFR
 1.989(a) . If the ex parte reexamination
 proceeding is to be concluded as part of a merged proceeding containing an
 inter partes reexamination proceeding, a single reexamination
 certificate will issue for both proceedings; see MPEP § 2690 .
 

 
 The ex parte reexamination certificate is formatted
 much the same as the title page of current U.S. patents.
 

 The certificate is titled “ Ex Parte Reexamination
 Certificate.” The title is followed by an “ordinal” number in parentheses. For example, if
 reexamination was ordered under 35 U.S.C. 304 , the ordinal number may
 be, for example, “(235th),” which indicates that it is the two hundred and thirty fifth
 ex parte reexamination certificate that has issued. The certificates
 continue the ordinal numbering sequence that has already been established for ex
 parte reexamination proceedings ordered under 35 U.S.C. 304 .
 

 If the reexamination proceeding was ordered under
 35 U.S.C.
 257 as a result of a supplemental examination proceeding, the
 certificate is also titled “ Ex Parte Reexamination Certificate.” In
 addition, the certificate will state “ Ex Parte Reexamination Ordered
 under 35 U.S.C.
 257 ”. Ex parte reexamination certificates for
 reexaminations ordered under 35 U.S.C. 257 are numbered in a
 separate and new ordinal sequence, beginning with “(1 st ).”
 

 Inter partes reexamination certificates are also numbered in a separate
 and new ordinal sequence, beginning with “(1 st ).”
 

 The ex parte reexamination certificate number
 will always be the patent number of the original patent followed by a two-character “kind
 code” suffix. The first letter of the “kind code” suffix is “B” for reexamination
 certificates published prior to January 2, 2001, and “C” for reexamination certificates
 published on or after January 2, 2001. The second letter of the “kind code” suffix is the
 number of the reexamination proceeding of that patent, and thus shows how many times that
 patent has been reexamined.
 

 Note that where the first reexamination certificate was a "B1" certificate
 and a second reexamination certificate then issues, the second reexamination certificate
 will be designated “C2” and NOT “C1.” Thus, by looking at the number following the “C,” one
 will be able to ascertain the number of reexamination certificates that preceded the
 certificate being viewed, i.e., how many prior reexamination certificates have been issued
 for the patent. (If this were not the practice and C1 were used, one would not be able to
 ascertain from the number on the certificate how many B certificates came before.)
 

 The next higher number will be given to the reexamination proceeding for
 which the reexamination certificate is issued, regardless of whether the proceeding is an
 ex parte reexamination ordered under 35 U.S.C. 304 or
 35 U.S.C.
 257 , or an inter partes reexamination
 proceeding.
 

 See MPEP §
 901.04(a) for a complete list of the kind codes used by the
 United States Patent and Trademark Office.
 

 The certificate denotes the date the certificate was issued at INID code
 [45] (see MPEP §
 901.04 ). The title, name of inventor, the current classification,
 the abstract, and the notice regarding the list of prior art documents appear at their
 respective INID code designations, much the same as is presently done in utility
 patents.
 

 The primary differences, other than as indicated above, are:

 
 (A) The filing date and number of the request is preceded by
 "Reexamination Request" if the reexamination was ordered under 35 U.S.C. 304 ,
 and “Supplemental Examination Request” if the reexamination was ordered under
 35
 U.S.C. 257 (the control number of the supplemental examination
 request, which is also the control number of the supplemental examination proceeding,
 is identical to the control number of the reexamination proceeding ordered as a
 result of the supplemental examination proceeding).
 

 (B) The patent for which the certification is now issued is identified
 under the heading “Reexamination Certificate for”; and
 

 (C) A notice will be present which will inform that the list of cited
 prior art documents will be available via USPTO patent electronic filing system by
 control number.
 

 
 Finally, the certificate will identify the patent claims which were
 confirmed as patentable, canceled, disclaimed, and those claims not examined. Only the
 status of the confirmed, canceled, disclaimed, and not examined claims will be indicated in
 the certificate. The text of the new and amended claims will be printed in the certificate.
 Any new claims will be printed in the certificate completely in italics, and any amended
 claims will be printed in the certificate with italics and bracketing indicating the
 amendments thereto. Any prior court decisions will be identified, as well as the citation
 of the court decisions.
 

 Below is an example of a certificate for an ex
 parte reexamination ordered under 35 U.S.C. 304 :
 

 

 

 

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 2201-Introduction 

 2202-Citation of Prior Art and Written Statements 

 2203-Persons Who May Cite Prior Art or Written Statements 

 2204-Time for Filing Prior Art or Section 301 Written Statements 

 2205-Content of Prior Art or Section 301 Written Statements 

 2206-Submission and Handling of Prior Art or Section 301 Written Statements 

 2207-Entry of Court Decision in Patent File 

 2208-Service of Prior Art or Section 301 Written Statements on Patent Owner 

 2209-Ex Parte Reexamination 

 2210-Request for Ex Parte Reexamination under 35 U.S.C. 302 

 2211-Time for Requesting Ex Parte Reexamination under 35 U.S.C. 302 

 2212-Persons Who May File a Request for Ex Parte Reexamination under 35 U.S.C. 302 
 2212.01-Inquiries from Persons Other Than the Patent Owner 

 
 

 2213-Representative of Requester 

 2214-Content of Request for Ex Parte Reexamination Filed under 35 U.S.C. 302 

 2215-Fee for Requesting Ex Parte Reexamination under 35 U.S.C. 302 

 2216-Substantial New Question of Patentability 

 2217-Statement Applying Prior Art in a Request Filed under 35 U.S.C. 302 

 2218-Copies of Prior Art 

 2219-Copy of Printed Patent 

 2220-Certificate of Service 

 2221-Amendments Included in Request Filed under 35 U.S.C. 302 by Patent Owner 

 2222-Address of Patent Owner 

 2223-Withdrawal of Attorney or Agent 

 2224-Correspondence 

 2225-Untimely Paper Filed Prior to Order under 35 U.S.C. 304 

 2226-Initial Processing of Request for Ex Parte Reexamination Filed under 35 U.S.C. 302 

 2227-Incomplete Request for Ex Parte Reexamination Filed under 35 U.S.C. 302 

 2228-[Reserved] 

 2229-Notice of Request under 35 U.S.C. 302 for Ex Parte Reexamination in Official Gazette 

 2230-Constructive Notice to Patent Owner 

 2231-Processing of Request Corrections 

 2232-Public Access to Reexaminations Filed under 35 U.S.C. 302 
 2232.01-Determining if a Reexamination Request Was Filed under 35 U.S.C. 302 for a Patent 

 
 

 2233-Processing in Central Reexamination Unit and Technology Center 

 2234-Entry of Amendments 

 2235-Record Systems 

 2236-Assignment of Reexamination 

 2237-Transfer Procedure 

 2238-Time Reporting 

 2239-Reexamination Ordered at the Director’s Initiative 

 2240-Decision on Request Filed under 35 U.S.C. 302 

 2241-Time for Deciding Request Filed under 35 U.S.C. 302 

 2242-Criteria for Deciding Request Filed under 35 U.S.C. 302 

 2243-Claims Considered in Deciding Request Filed under 35 U.S.C. 302 

 2244-Prior Art on Which the Determination Is Based in Requests Filed under 35 U.S.C. 302 

 2245-Processing of Decision 

 2246-Decision Ordering Reexamination under 35 U.S.C. 304 

 2247-Decision under 35 U.S.C. 303 on Request for Reexamination filed Under 35 U.S.C. 302, Request Denied 
 2247.01-Examples of Decisions on Request for Reexamination 

 
 

 2248-Petition From Denial of Request Filed Under 35 U.S.C. 302 

 2249-Patent Owner’s Statement in Reexaminations Filed Under 35 U.S.C. 302 

 2250-Amendment by Patent Owner 
 2250.01-Correction of Patent Drawings 

 2250.02-Correction of Inventorship 

 2250.03-Fees for Adding Claims and for Filing a Petition 

 
 

 2251-Reply by Third Party Requester 

 2252-Consideration of Statement and Reply 

 2253-Consideration by Examiner 

 2254-Conduct of Ex Parte Reexamination Proceedings 

 2255-Who Reexamines 

 2256-Prior Art Patents and Printed Publications Reviewed by Examiner in Reexamination 

 2257-Listing of Prior Art 

 2258-Scope of Ex Parte Reexamination 
 2258.01-Use of Previously Cited/Considered Art in Rejections 

 2258.02-Claiming Foreign Priority and Domestic Benefit in Reexamination 

 
 

 2259-Res Judicata and Collateral Estoppel in Reexamination Proceedings 

 2260-Office Actions 
 2260.01-Dependent Claims 

 
 

 2261-Special Status for Action 

 2262-Form and Content of Office Action 

 2263-Time for Response 

 2264-Mailing of Office Action 

 2265-Extension of Time 

 2266-Responses 
 2266.01-Submission Not Fully Responsive to Non-Final Office Action 

 2266.02-Examiner Issues Notice of Defective Paper in Ex Parte Reexamination 

 2266.03-Service of Papers 

 
 

 2267-Handling of Inappropriate or Untimely Filed Papers 

 2268-Petition for Entry of Late Papers for Revival of Reexamination Proceeding 

 2269-Reconsideration 

 2270-Clerical Handling 

 2271-Final Action 
 2271.01-Panel Review 

 
 

 2272-After Final Practice 

 2273-Appeal in Ex Parte Reexamination 

 2274-Appeal Brief 

 2275-Examiner’s Answer 

 2276-Oral Hearing 

 2277-Board Decision 

 2278-Action Following Decision 

 2279-Appeal to Courts 

 2280-Information Material to Patentability in Reexamination Proceeding Filed under 35 U.S.C. 302 

 2281-Interviews in Ex Parte Reexamination Proceedings 

 2282-Notification of Existence of Prior or Concurrent Proceedings and Decisions Thereon 

 2283-Multiple Copending Ex Parte Reexamination Proceedings 

 2284-Copending Ex Parte Reexamination and Interference Proceedings 

 2285-Copending Ex Parte Reexamination and Reissue Proceedings 

 2286-Ex Parte Reexamination and Litigation Proceedings 
 2286.01-Reexamination and Inter Partes Review Proceedings, Post-Grant Review, and Covered Business Method Patent Review 

 
 

 2287-Conclusion of Ex Parte Reexamination Proceeding 
 2287.01-Examiner Consideration of Submissions After a NIRC 

 
 

 2288-Issuance of Ex Parte Reexamination Certificate 

 2289-Reexamination Review 

 2290-Format of Ex Parte Reexamination Certificate 

 2291-Notice of Ex Parte Reexamination Certificate Issuance in Official Gazette 

 2292-Distribution of Certificate 

 2293-Intervening Rights 

 2294-Concluded Reexamination Proceedings 

 2295-Reexamination of a Reexamination 

 2296-USPTO Forms To Be Used In Ex Parte Reexamination 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:45