MPEP § 2214 — MPEP § 2214
Current through: 2022-07-01

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

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2200 

 Section 2214 
 

 
 
 
 
 
 2214 Content of Request for Ex Parte Reexamination
 Filed under 35 U.S.C. 302 [R-07.2022]
 

 
 37 CFR 1.510 Request for ex parte reexamination. 

 
 (a) Any person may, at any time during the period of enforceability
 of a patent, file a request for an ex parte reexamination by
 the Office of any claim of the patent on the basis of prior art patents or printed
 publications cited under § 1.501 , unless prohibited by
 35
 U.S.C. 315(e)(1) or 35 U.S.C.
 325(e)(1) . The request must be accompanied by the fee for
 requesting reexamination set in § 1.20(c)(1) .
 

 (b) Any request for reexamination must include the following
 parts:
 
 (1) A statement pointing out each substantial new question of
 patentability based on prior patents and printed publications.
 

 (2) An identification of every claim for which reexamination is
 requested, and a detailed explanation of the pertinency and manner of
 applying the cited prior art to every claim for which reexamination is
 requested. For each statement of the patent owner and accompanying
 information submitted pursuant to §
 1.501(a)(2) which is relied upon in the detailed
 explanation, the request must explain how that statement is being used to
 determine the proper meaning of a patent claim in connection with the prior
 art applied to that claim and how each relevant claim is being interpreted.
 If appropriate, the party requesting reexamination may also point out how
 claims distinguish over cited prior art.
 

 (3) A copy of every patent or printed publication relied upon
 or referred to in paragraph (b)(1) and (2) of this section accompanied by an
 English language translation of all the necessary and pertinent parts of any
 non-English language patent or printed publication.
 

 (4) A copy of the entire patent including the front face,
 drawings, and specification/claims (in double column format) for which
 reexamination is requested, and a copy of any disclaimer, certificate of
 correction, or reexamination certificate issued in the patent. All copies
 must have each page plainly written on only one side of a sheet of
 paper.
 

 (5) A certification that a copy of the request filed by a
 person other than the patent owner has been served in its entirety on the
 patent owner at the address as provided for in §
 1.33(c) . The name and address of the party served must
 be indicated. If service was not possible, a duplicate copy must be supplied
 to the Office.
 

 (6) A certification by the third party requester
 that the statutory estoppel provisions of 35 U.S.C.
 315(e)(1) or 35 U.S.C.
 325(e)(1) do not prohibit the requester from filing
 the ex parte reexamination request.
 

 
 

 
 *****

 
 I. REQUIREMENTS UNDER 37 CFR 1.510 37
 CFR 1.510(a) requires the payment of the appropriate fee, which is
 specified in 37 CFR
 1.20(c)(1) or (c)(2) , for a request for reexamination filed under
 35 U.S.C.
 302 . See MPEP § 2215 . If a request filed under
 35 U.S.C.
 302 by the patent owner includes a proposed amendment in
 accordance with 37 CFR
 1.530 , excess claims fees under 37 CFR 1.20(c)(3) 
 and (c)(4) may also apply; see MPEP § 2250.03 .
 

 37 CFR
 1.510(b) sets forth the required elements of a request for
 ex parte reexamination. The elements are as follows:
 

 
 “(1) a statement pointing out each substantial new question of
 patentability based on prior patents and printed publications.”
 

 
 This statement should clearly point out what the requester considers to
 be the substantial new question of patentability which would warrant a reexamination.
 The cited prior art should be listed on a form PTO/SB/08 or PTO/SB/42 (or on a form
 having a format equivalent to one of these forms) by the requester. See also
 MPEP §
 2217 .
 

 A request for reexamination must assert a substantial new question of
 patentability. For each identified substantial new question of patentability and each
 identified proposed ground of rejection, the request must explain how the cited
 documents identified for that substantial new question of patentability/proposed ground
 of rejection raise a substantial new question of patentability. See
 MPEP
 § 2216 . A requester must not, in a request for reexamination,
 argue that the submitted references do not raise a substantial new question of
 patentability, and that no order for reexamination should be issued.
 

 
 “(2) An identification of every claim for which reexamination is
 requested, and a detailed explanation of the pertinency and manner of applying the
 cited prior art to every claim for which reexamination is requested. For each
 statement of the patent owner and accompanying information submitted pursuant to
 §
 1.501(a)(2) which is relied upon in the detailed explanation,
 the request must explain how that statement is being used to determine the proper
 meaning of a patent claim in connection with the prior art applied to that claim and
 how each relevant claim is being interpreted. If appropriate, the party requesting
 reexamination may also point out how claims distinguish over cited prior art.”
 

 
 The request must identify each substantial new question of
 patentability raised and proposed ground of rejection separately. The request must apply
 all of the cited prior art to the claims for which reexamination is requested. For each
 identified substantial new question of patentability and each identified proposed ground
 of rejection, the request must explain how the cited documents identified for that
 substantial new question of patentability/proposed ground of rejection are applied to
 meet or teach the patent claim limitations to thus establish the identified substantial
 new question of patentability or proposed ground of rejection. See MPEP § 2217 . If the
 request is filed by the patent owner, the patent owner may also indicate how the claims
 distinguish from the cited prior art patents and printed publications. If any statement
 of the patent owner submitted pursuant to 37 CFR 1.501(a)(2) is relied upon in
 the detailed explanation, requester must explain how that statement is being used to
 determine the proper meaning of a patent claim in connection with prior art applied to
 that claim. 37 CFR
 1.510(b)(2) requires that the “detailed explanation” of applying
 prior art provided in the request for ex parte reexamination must
 explain how each patent owner claim scope statement is being used to determine the
 proper meaning of each patent claim in connection with the prior art applied to that
 claim. The explanation will be considered by the Office during the examination stage, if
 reexamination is ordered. At the order stage, the Office will not consider any patent
 owner claim scope statement discussed in the detailed explanation of the request. See
 35 U.S.C.
 301(d) .
 

 
 “(3) A copy of every patent or printed publication relied upon or
 referred to in paragraph (b)(1) and (2) of this section accompanied by an English
 language translation of all the necessary and pertinent parts of any non-English
 language patent or printed publication.”
 

 
 A copy of each cited patent or printed publication, as well as a
 translation of each non-English document (or a translation of at least the portion(s)
 relied upon) is required so that all materials will be available to the examiner for
 full consideration. A listing of the patents and printed publications as provided for in
 37 CFR
 1.98 must also be provided. A comprehensive listing is required,
 since the identification of the cited art in reexamination by the requester is no less
 important than that of a patent owner or applicant, and furthers the statutory mandate
 of 35 U.S.C.
 305 that reexamination proceedings must be “conducted with special
 dispatch within the Office.” The requirement for the submission of a copy of every
 patent or printed publication relied upon or referred to in the request, pursuant to
 37 CFR
 1.510(b)(3) , is waived to the extent that copies of U.S. patents
 and U.S. patent application publications which are relied upon or referred to in the
 request are not required to be submitted with the request, unless specifically required
 by the Office. See MPEP §
 2218 .
 

 
 “(4) A copy of the entire patent including the front face,
 drawings, and specification/claims (in double column format) for which reexamination
 is requested, and a copy of any disclaimer, certificate of correction, or
 reexamination certificate issued in the patent. All copies must have each page
 plainly written on only one side of a sheet of paper.”
 

 
 A copy of the patent, for which reexamination is requested, should be
 provided with the specification and claims submitted in a double column
 format. The drawing pages of the printed patent are presented as they appear in the
 printed patent; the same is true for the front page of the patent. Thus, a full copy of
 the printed patent (including the front page) can be used to provide the abstract,
 drawings, specification, and claims of the patent for the reexamination request. The
 printed patent is to be reproduced on only one side of the paper; a two sided copy of
 the patent is not proper. See MPEP § 2219 .
 

 Any disclaimer, certificate of correction, or reexamination
 certificate issued in the patent becomes a part of the patent. Thus, a copy of each must
 be supplied in order to provide the complete patent. The copy must have each page
 plainly written on only one side of a sheet of paper.
 

 
 “(5) A certification that a copy of the request filed by a person
 other than the patent owner has been served in its entirely on the patent owner at
 the address as provided for in § 1.33(c) . The name and address
 of the party served must be indicated. If service was not possible, a duplicate copy
 must be supplied to the Office.”
 

 
 If the request is filed under 35 U.S.C. 302 by a person other than
 the patent owner, a certification that a copy of the request papers has been served on
 the patent owner must be included. The certification must set forth the name and address
 employed in serving the patent owner. If service was not possible after a reasonable
 effort to do so, a duplicate copy of the request must be supplied to the Office together
 with a cover letter including an explanation of what effort was made to
 effect service, and why that effort was not successful. To avoid the possibility of the
 Office erroneously charging a duplicate filing fee, requesters are strongly encouraged
 to clearly word the cover letter by stating, for example, in bold print in the heading
 “ Duplicate Copy of Request Filed under 37 CFR 1.510(b)(5) When Service on the
 Patent Owner Was Not Possible .” The request should be as complete as possible,
 since there is no guarantee that the examiner will consider other prior art when making
 the decision on the request. Also, this may be the third party requester’s only
 opportunity to participate in the proceeding since, if no statement under
 37 CFR
 1.530(b) is filed by the patent owner, no later reply under
 37 CFR
 1.535 or other submission may be filed by the requester in the
 ex parte reexamination proceeding. See also MPEP § 2220 .
 

 
 “(6) A certification by the third party requester that
 the statutory estoppel provisions of 35 U.S.C. 315(e)(1) or
 35
 U.S.C. 325(e)(1) do not prohibit the requester from filing the
 ex parte reexamination request.”
 

 
 37 CFR
 1.510(b)(6) requires that the request contain a certification by
 the third party requester that the statutory estoppel provisions of inter
 partes review and post grant review do not bar the third party from
 requesting ex parte reexamination under 35 U.S.C. 302 . The
 basis for this requirement is the estoppel provisions of inter partes 
 review and post grant review provided in AIA 35 U.S.C. 315(e)(1) and
 35 U.S.C.
 325(e)(1) , respectively, which identify when a petitioner for
 inter partes review or post grant review, or a real party in
 interest or privy of the petitioner, may not file a request for ex
 parte reexamination. 
 

 The rules do not require ex parte 
 reexamination requesters to identify themselves upon the filing of the request under
 35 U.S.C.
 302 . The certification requirement of 37 CFR
 1.510(b)(6) , coupled with a party’s 37 CFR 11.18 
 certification obligations when transacting business before the Office, are considered
 sufficient to ensure compliance with the inter partes review and post
 grant statutory estoppel requirements. A real party in interest that wishes to remain
 anonymous when filing a request for reexamination under 37 CFR 1.510 can
 do so by utilizing the services of a registered practitioner. In such an instance, the
 registered practitioner submitting a request for reexamination on behalf of the real
 party in interest would be certifying that the real party in interest was not estopped
 from filing the request. Conversely, an individual filing a request for reexamination
 under 37 CFR
 1.510 on behalf of the individual cannot remain anonymous, as the
 individual is required to sign the document that includes the 37 CFR
 1.510(b)(6) certification.
 

 Request papers that fail to satisfy all the requirements
 of 37 CFR
 1.510(a) and (b) are incomplete and will not be
 granted a filing date. See MPEP § 2227 .
 

 In order to obtain a reexamination filing date, the request papers must
 also include the appropriate fee under 37 CFR 1.20(c)(1) or (c)(2) for
 requesting ex parte reexamination. Note that any request for
 ex parte reexamination, regardless of which filing fee is
 submitted, must have sufficient clarity and contrast to permit direct reproduction and
 electronic capture by use of digital imaging and optical character recognition to be
 granted a filing date. See 37 CFR 1.20(c)(1)(i)(F) and
 37 CFR
 1.20(c)(2) . 
 

 An application data sheet (ADS) under 37 CFR 1.76 cannot
 be submitted in a reexamination proceeding except as provided in MPEP §
 2258.02 .
 

 II. REQUESTS FILED ON OR AFTER JANUARY 16, 2018 A. Requirements under 37 CFR
 1.20(c)(1) Requests for ex parte 
 reexamination under 35 U.S.C. 302 filed on or after January 16, 2018 may be filed
 with a reduced filing fee set forth in 37 CFR 1.20(c)(1) if the request
 (i.e., “streamlined” request) complies with all of the requirements of
 37 CFR
 1.20(c)(1) and 37 CFR 1.510(a) and (b) . This
 reexamination filing option was created to make it financially less burdensome for
 requesters with limited resources. 
 

 This reexamination filing option only affects the fee
 for filing the request. A request which is filed under 37 CFR
 1.20(c)(1) remains subject to all applicable filing
 requirements, with the sole exception that the filing fee is reduced. This
 reexamination filing option does not impact the subsequent reexamination process,
 including the order in which the case is taken up for action by the examiner. The
 filing of a request which meets the requirements of 37 CFR
 1.20(c)(1) will not cause the prosecution of any resulting
 reexamination proceeding to be accelerated or prioritized over reexaminations filed
 with the filing fee set forth in 37 CFR 1.20(c)(2) .
 

 The filing fee set forth in 37 CFR
 1.20(c)(1) applies to ex parte reexamination
 requests having:
 

 
 (1) forty (40) or fewer pages;

 (2) lines that are double-spaced or one-and-a-half
 spaced;
 

 (3) text written in a non-script type font such as
 Arial, Times New Roman, or Courier;
 

 (4) a font size no smaller than 12 point;

 (5) margins which conform to the requirements of
 37 CFR
 1.52(a)(1)(ii) ; and
 

 (6) sufficient clarity and contrast to permit direct
 reproduction and electronic capture by use of digital imaging and optical
 character recognition.
 

 
 The following parts of an ex parte 
 reexamination request are excluded from (1) through (5) above:
 

 
 (a) the copies of every patent or printed
 publication relied upon in the request pursuant to 37 CFR
 1.510(b)(3) ;
 

 (b) the copy of the entire patent for which
 reexamination is requested pursuant to 37 CFR 1.510(b)(4) ;
 

 (c) the certifications required pursuant to
 37 CFR
 1.510(b)(5) and (6) ; and
 

 (d) completed forms such as the Request for
 Ex Parte Reexamination Transmittal Form (PTO/SB/57) or
 the information disclosure statement form (PTO/SB/08), or their
 equivalents.
 

 
 Claim charts will be considered part of the request
 and will be included in the page limit. In addition, any other papers submitted with
 or as part of the request which contain argument directed to the patentability or
 unpatentability of the claims, such as affidavits, declarations, litigation papers
 (e.g., briefs, trial transcripts, invalidity contentions, and expert opinions), which
 are filed as part of the request submission, will be included in the page limit. If
 only a portion of the paper contains argument, the entire paper will be included in
 the page limit. The Office deems conclusions and/or definitions to be argumentative.
 For example, a request submission that includes 40 pages of argument and a 41st page
 that includes conclusions or definitions would be deemed to be a request having
 greater than 40 pages. A page that consists solely of a signature will not be
 included in the page limit. The determination of whether a paper contains argument
 will be within the sole discretion of the Office.
 

 All papers filed with or as part of the request must
 conform to the requirement of 37 CFR 1.20(c)(1)(i)(F) 
 (requirement (6) above). Affidavits and declarations drafted by the requester for
 submission in the reexamination proceeding should conform to the requirements of
 37
 CFR 1.20(c)(1)(i)(B)-(E) (requirements (2) – (5)) in addition
 to the page limit requirement of 37 CFR 1.20(c)(1)(i)(A) 
 (requirement (1) above). Claim charts drafted by the requester for submission in the
 reexamination proceeding may be single-spaced, but should conform to the requirements
 of 37
 CFR 1.20(c)(1)(i)(C)-(E) (requirements (3) – (5) above) in
 addition to the page limit requirement of 37 CFR
 1.20(c)(1)(i)(A) (requirement (1) above). Original documents
 which were not drafted by the requester, or which were drafted by the requester for
 earlier submission in another Office proceeding or in litigation, should not be
 altered or modified for submission in the reexamination proceeding.
 

 Any paper that is not submitted with or as part of
 the request, other than the statement pursuant to 37 CFR 1.530 and the reply by the
 ex parte reexamination requester pursuant to 37 CFR 1.535 ,
 will not be considered prior to examination. See 37 CFR 1.540 . In addition, any
 statement or other response filed by the patent owner prior to the determinations
 made in 37 CFR
 1.515 or 37 CFR 1.520 , other than an
 amendment pursuant to 37 CFR 1.510(e) , will not be
 acknowledged or considered, and will be expunged from the record. See
 37 CFR
 1.530(a) . 
 

 B. Requirements under 37 CFR
 1.20(c)(2) The filing fee set forth in 37 CFR
 1.20(c)(2) applies to a request for reexamination under
 35 U.S.C.
 302 which does not comply with requirements of
 37 CFR
 1.20(c)(1) , i.e., a “non-streamlined” request. For example, the
 filing fee pursuant to 37 CFR 1.20(c)(2) must be paid
 when submitting a request having greater than forty (40) pages. 
 

 To be granted a filing date, a request for which the
 filing fee set forth in 37 CFR 1.20(c)(2) is paid must
 also have sufficient clarity and contrast to permit direct reproduction and
 electronic capture by use of digital imaging and optical character recognition,
 pursuant to the provisions of 37 CFR 1.20(c)(2) .
 

 C. Filing Date Requirements In order for a request filed on or after January 16,
 2018 to receive a filing date, the request must 1) meet all of the requirements of
 37 CFR 1.510(a)
 and (b) ; 2) be accompanied by the appropriate fee under
 37 CFR
 1.20(c)(1) or (c)(2) and any appropriate excess
 claim fees; and 3) meet the requirements of the rule governing the filing fee
 submitted, i.e., 37
 CFR 1.20(c)(1) or 37 CFR 1.20(c)(2) .
 

 A request which is accompanied by the reduced filing
 fee pursuant to 37
 CFR 1.20(c)(1) , but which fails to meet the requirements set
 forth in 37 CFR
 1.20(c)(1) (for example, a request having greater than 40
 pages), will not be granted a filing date in the absence of an authorization to
 charge any deficiency to a deposit account . If such a request is accompanied by an
 authorization to charge any deficiency to a deposit account, and if the request meets
 all other filing date requirements, the filing fee pursuant to 37 CFR
 1.20(c)(2) will be charged and the request will be granted a
 filing date. 
 

 A request which is accompanied by the filing fee
 pursuant to 37 CFR
 1.20(c)(2) , and which meets all of the other filing date
 requirements, will be granted a filing date. If, on the Request for Ex
 Parte Reexamination Transmittal Form PTO/SB/57 or an equivalent, the
 requester checks the box indicating the requester’s intent to submit a reduced filing
 fee pursuant to 37
 CFR 1.20(c)(1) , but submits a filing fee pursuant to
 37 CFR
 1.20(c)(2) , the filing fee pursuant to 37 CFR
 1.20(c)(2) will be accepted. In such a case, if desired, the
 requester may file a request for refund accompanied by the reasons why the requester
 believes that the request meets the requirements for a reduced filing fee pursuant to
 37 CFR
 1.20(c)(1) . See MPEP § 2215 , subsection V.
 

 III. TRANSMITTAL FORM FOR FILING A REQUEST Form PTO/SB/57 should be helpful to persons filing requests for
 reexamination under 37
 CFR 1.510 . The use of this form as the transmittal form and cover
 sheet of a request for reexamination is encouraged, but its use is not a requirement of
 the law nor the rules. Immediately following is a form PTO/SB/57 and a sample of a
 request for reexamination that would be attached to the form PTO/SB/57 cover sheet.
 

 

 

 

 

 

 

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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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