MPEP § 2235 — MPEP § 2235
Current through: 2022-07-01

2235-Record Systems 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2200 

 Section 2235 
 

 
 
 
 
 
 2235 Record Systems [R-07.2022]
 One Patent Service Gateway (OPSG)— MONITORING SYSTEMS The One Patent Service Gateway (OPSG) system is used to support the
 reexamination process. The sections below delineate OPSG related activities.
 

 
 (A) Reexamination File Data on OPSG — The routine OPSG retrieval
 transactions are used to obtain data on reexamination files. From the USPTO
 intranet site, Office staff can click on “Patent Data Portal” and then “General
 Information” which opens the General Information display. From here, select
 "search by" patent number and enter the patent number in the box. Then click on
 “Search” and when the “Patent Number Information” appears, click on “Continuity
 Data” to obtain the reexamination number.
 

 (B) Reexamination e-File — The papers of a reexamination proceeding
 may be viewed on IFW. Patent Data Portal provides information for the
 reexamination proceeding as to the patent owner and requester, contents, status,
 and related Office proceedings (applications, patents and reexamination
 proceedings). Some of the data entry for reexamination is different from that of a
 regular patent application. There are also differences in the status codes – all
 reexamination proceedings generally have status codes in the “400” range (there
 are some in the “800” range for some inter partes documents and
 actions).
 

 (C) Patent File Location Control for Patents Not Available on IFW, i.e.,
 Available Only in Paper File — The movement of paper patent files
 related to requests for reexamination throughout the Office is monitored by the
 File Ordering System (FOS). If the patent file is in paper form, the paper file
 should be ordered and scanned into the Image File Wrapper (IFW) for access
 throughout the prosecution of the reexamination proceeding.
 

 (D) Reporting Events to OPSG — The OPSG system is used to monitor
 major events that take place in processing reexamination proceedings. During
 initial processing all major pre- ex parte examination events
 are reported. During the ex parte phase, the mailing of
 examiner’s actions is reported as well as owner’s responses thereto. The Central
 Reexamination Unit is responsible for reporting these events to the Office
 monitoring systems. Examples of the events that may be reported are as
 follows:
 
 (1) Determination Mailed — Denial of request for
 reexamination.
 

 (2) Determination Mailed — Grant of request for
 reexamination.
 

 (3) Petition for reconsideration of determination received.

 (4) Decision on petition mailed — Denied.

 (5) Decision on petition mailed — Granted.

 (6) Owner response to determination (owner’s statement)
 received.
 

 (7) Requester response to determination (requester’s reply)
 received.
 

 (8) The mailing of all examiner actions. 

 (9) The receipt of owner’s responses to examiner’s actions and
 Office receipt date.
 

 
 
 

 

 Each of these events, as well as additional events reported by
 the Central Reexamination Unit (CRU) Technical Support Staff (TSS) will be
 permanently recorded and displayed in the “Contents” portion of the application
 records. In addition, status representative of these events will also be
 displayed.
 

 

 (E) Status Reports — Various reports can be generated for the event
 reporting discussed above. The primary purpose of these reports is to assure that
 reexaminations are, in fact, processed with “special dispatch.”
 
 

 

 Reports — A number of automated reports generated
 from the OPSG system are available on demand for the CRU and other appropriate
 TCs. These reports serve to indicate to the CRU and other appropriate TCs when
 certain deadlines are approaching. The following are exemplary data available for
 review:
 

 
 (1) requests which have not been assigned to an
 examiner by the sixth week since their filing. 
 

 (2) list of proceedings awaiting first action
 after the mailing of the order granting reexamination including ex
 parte reexaminations, reexaminations ordered under
 35 U.S.C. 257 , and
 inter partes reexaminations.
 

 (3) list of reexamination proceedings located in
 the Central Reexamination Unit (CRU) with action type and date.
 

 (4) list of the proceedings that have been
 forwarded to the Patent Trial and Appeal Board (PTAB).
 

 
 

 
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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 20:49:34