MPEP § 2207 — MPEP § 2207
Current through: 2022-07-01

2207-Entry of Court Decision in Patent File 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2200 

 Section 2207 
 

 
 
 
 
 
 2207 Entry of Court Decision in Patent File [R-07.2015]

 The Solicitor’s Office processes notices required by
 35 U.S.C.
 290 , received from the clerks of the various courts in the United
 States, and has them entered in the patent file. However, it is considered desirable that
 the entire court decision be supplied to the Office for entry into the
 patent file. Accordingly, the Office will accept at any time from
 any party for placement in the patent file, submissions of the
 following: copies of notices of suits, copies of notices regarding other proceedings
 involving the patent and copies of decisions from litigation or other proceedings involving
 the patent. The Office will accept for entry into the patent file other court papers, or
 papers filed in the court, from litigation or other proceedings involving the patent. The
 decisions from litigation or other proceedings include final court decisions (even if the
 decision is still appealable), decisions to vacate, decisions to remand, and decisions as
 to the merits of the patent claims. Non-merit decisions (e.g., on motions for a new venue,
 a new trial/discovery date, or sanctions) will not be entered and will be expunged from the
 patent file by closing the appropriate paper if they were entered before recognizing their
 nature. Further, papers filed in the court from litigation or other proceedings involving
 the patent will not be entered into the patent file (and will be expunged if already
 entered) if they provide a party’s arguments (e.g., a memorandum in support of summary
 judgment). If the argument has an entry right in the reexamination proceeding, it must be
 submitted via the proper procedural vehicle (provision(s) of the rules) that provides for
 their entry. It is not required nor is it permitted that parties submit copies of copending
 reexamination proceedings and applications (which copies can be mistaken for a new
 request/filing); rather, submitters may provide a notice identifying the
 application/proceeding number and its status. Any submission that is not permitted entry
 will be returned, expunged, or discarded, at the sole discretion of the Office.
 

 It is noted that if the Office, in its sole discretion, deems the volume
 of the papers filed from litigation or other proceedings to be too lengthy, the Office may
 return, expunge, or discard, at its sole discretion, all or part of the submission. In such
 an instance, a party may limit the submission in accordance with what is deemed relevant,
 and resubmit the papers. Such submissions must be provided without additional comment.
 Persons making such submissions must limit the submission to the
 notification and not include further arguments or information. Highlighting of
 certain text by underlining, fluorescent marker, etc., goes beyond bare notice of the prior
 or concurrent proceedings. Any proper submission will be promptly placed on record
 (entered) in the patent file. Entry of these submissions is performed by the Files
 Repository personnel, unless a reexamination proceeding is pending, in which case, the
 Central Reexamination Unit, the Technology Center, or other area of the Office having
 responsibility for the reexamination enters the submission.
 

 It is to be further noted that 35 U.S.C. 290 is directed to “courts of
 the United States.” Accordingly, any submission of papers from a court outside the United
 States (a foreign jurisdiction) will be returned, expunged or discarded, at the sole
 discretion of the Office.
 

 Where a request for reexamination has been filed, see
 MPEP §
 2282 for ex parte reexamination and
 MPEP §
 2686 for inter partes reexamination. See
 MPEP §
 2240 and § 2242 for handling of requests for
 ex parte reexamination of patents involved in litigation. See
 MPEP §
 2640 and § 2642 for handling of requests for
 inter partes reexamination of patents involved in litigation.
 

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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 20:50:42