MPEP § 2210 — MPEP § 2210
Current through: 2022-07-01

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

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2200 

 Section 2210 
 

 
 
 
 
 
 2210 Request for Ex Parte Reexamination under 35
 U.S.C. 302 [R-01.2024]
 

 
 35 U.S.C. 302 
 Request for reexamination. 

 Any person at any time may file a request for reexamination by the
 Office of any claim of a patent on the basis of any prior art cited under the provisions
 of section
 301 . The request must be in writing and must be accompanied by
 payment of a reexamination fee established by the Director pursuant to the provisions of
 section
 41 . The request must set forth the pertinency and manner of
 applying cited prior art to every claim for which reexamination is requested. Unless the
 requesting person is the owner of the patent, the Director promptly will send a copy of
 the request to the owner of record of the patent.
 

 

 
 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.
 

 
 

 (c) If the request does not include the fee for requesting
 ex parte reexamination required by paragraph (a) of this
 section and meet all the requirements by paragraph (b) of this section, then the
 person identified as requesting reexamination will be so notified and will
 generally be given an opportunity to complete the request within a specified time.
 Failure to comply with the notice will result in the ex parte 
 reexamination request not being granted a filing date, and will result in
 placement of the request in the patent file as a citation if it complies with the
 requirements of § 1.501 .
 

 (d) The filing date of the request for ex parte reexamination is the date on which the request satisfies all the
 requirements of this section.
 

 (e) A request filed by the patent owner may include a proposed
 amendment in accordance with § 1.530 .
 

 (f) If a request is filed by an attorney or agent identifying another
 party on whose behalf the request is being filed, the attorney or agent must have
 a power of attorney from that party or be acting in a representative capacity
 pursuant to §
 1.34 .
 

 
 

 Any person, at any time during the period of enforceability of a patent,
 may file a request for ex parte reexamination by the U.S. Patent and
 Trademark Office of any claim of the patent based on prior art patents or printed
 publications, unless prohibited by the estoppel provisions of AIA 35 U.S.C.
 315(e)(1) or 35 U.S.C. 325(e)(1) . The estoppel
 provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C.
 325(e)(1) are based on inter partes review and
 post-grant review, respectively, and they only prohibit the filing of a subsequent request
 for ex parte reexamination, once estoppel attaches; there is no estoppel
 as to the Office maintaining an existing ex parte reexamination
 proceeding. The request must include the elements set forth in 37 CFR 1.510(b) (see
 MPEP
 § 2214 ) and must be accompanied by the appropriate fee under
 37 CFR 1.20(c)(1) or
 (c)(2) . A request filed with the fee under 37 CFR
 1.20(c)(1) must comply with all the requirements of 37 CFR
 1.20(c)(1) (e.g., the request has forty (40) pages or less). See
 MPEP §
 2214 , subsection II. If a request filed 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 . No attempt will be made to maintain a requester’s name
 in confidence.
 

 A request for reexamination under 37 CFR 1.510 may be
 submitted to the Office via mail, hand-delivery, or via the USPTO patent electronic filing
 system. See MPEP §
 2224 for more information on submission via mail and
 hand-delivery. For electronic submissions, both registered and unregistered users of the
 USPTO patent electronic filing system may submit a request for reexamination
 electronically. A request for reexamination submitted via the USPTO patent electronic
 filing system must be submitted as a new request in the electronic interface and not
 submitted as a follow-on paper into the patent. The Office may refer third-party inquiries,
 requests, or submissions that are improperly submitted via the USPTO patent electronic
 filing system by registered practitioners in applications and any other Office proceedings
 to the Office of Enrollment and Discipline for appropriate action. 
 

 After the request for reexamination, including the appropriate fee under
 37 CFR 1.20(c)(1) or
 (c)(2) , is received in the Office, no abandonment, withdrawal, or
 striking of the request is possible, regardless of who requests the same. In some limited
 circumstances, such as after a final court decision where all of the claims are finally
 held invalid, a reexamination order may be vacated if the decision was rendered prior to
 the order, and the reexamination may be terminated if the decision was rendered subsequent
 to the order, see MPEP §
 2286 .
 

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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