MPEP § 2248 — MPEP § 2248
Current through: 2022-07-01

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

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2200 

 Section 2248 
 

 
 
 
 
 
 2248 Petition From Denial of Request Filed Under 35 U.S.C.
 302 [R-08.2017]
 

 
 37 CFR 1.515 Determination of the request for ex parte reexamination. 

 *****

 
 (c) The requester may seek review by a petition to the Director under
 §
 1.181 within one month of the mailing date of the examiner’s
 determination refusing ex parte reexamination. Any such petition must comply with § 1.181(b) .
 If no petition is timely filed or if the decision on petition affirms that no
 substantial new question of patentability has been raised, the determination shall
 be final and nonappealable.
 

 
 
 PROCESSING OF PETITION UNDER 37 CFR 1.515(c) After a request for reexamination under 35 U.S.C. 302 has
 been denied, the Central Reexamination Unit (CRU) will allow time for a petition seeking
 review of the examiner’s determination refusing reexamination. If a petition seeking
 review of the examiner’s determination refusing reexamination is not filed within one
 (1) month of the examiner’s determination, the CRU will then process the reexamination
 file as a concluded reexamination file. See MPEP § 2247 and § 2294 .
 

 If a petition seeking review of the examiner’s determination refusing
 reexamination is filed, it is brought to the attention of the CRU Director or designee
 for decision. Where a petition is filed, the CRU Director will review the examiner’s
 determination that a substantial new question of patentability has not been raised. The
 CRU Director’s review will be de novo. Each decision by the CRU
 Director will conclude with the paragraph:
 

 
 This decision is final and nonappealable. See 35 U.S.C.
 303(c) and 37 CFR 1.515(c) . No further
 communication on this matter will be acknowledged or considered.
 

 
 If the petition is granted, the decision of the CRU Director should
 include a sentence setting a two-month period for filing a statement under
 37 CFR
 1.530 ; the reexamination file will then be returned to the CRU
 Supervisory Patent Reexamination Specialist (SPRS) of the art unit that will handle the
 reexamination for consideration of reassignment to another examiner.
 

 In the situation in which the examiner's determination failed to find
 any SNQ, reassignment will be the general rule. Only in exceptional circumstances, where
 no other examiner is available and capable to give a proper examination, will the case
 remain with the examiner who denied the request.
 

 Under normal circumstances, the reexamination proceeding will not be
 reassigned to a primary examiner or assistant examiner who was involved in any part of
 the examination of the patent for which reexamination is requested. Only where unusual
 circumstances are found to exist may the CRU Director make an exception to this practice
 and reassign the reexamination proceeding to an examiner involved with the examination
 of the patent. For example, if the original examiner of the patent and the examiner who
 issued the denial are the only examiners with adequate knowledge of the relevant
 technology, the CRU Director may permit reassignment of the reexamination proceeding to
 the examiner that originally examined the patent.
 

 The requester may seek review of a denial of a
 request for reexamination only by petitioning the Director of the USPTO under
 37 CFR
 1.515(c) and 1.181 within one month of the
 mailing date of the decision denying the request for reexamination. Additionally, any
 request for an extension of the time period to file such a petition from the examiner’s
 denial of a request for reexamination can only be entertained by filing a petition under
 37 CFR
 1.183 with appropriate fee to waive the time provisions of
 37 CFR
 1.515(c) .
 

 After the time for petition has expired without a petition having been
 filed, or a petition has been filed and the decision thereon affirms the denial of the
 request, a partial refund of the filing fee for requesting reexamination will be made to
 the requester. ( 35 U.S.C. 303(c) and 37 CFR 1.26(c) ). A decision on a
 petition under 37 CFR
 1.515(c) is final and is not appealable.
 

 37 CFR
 1.515(c) applies only to challenging a basis for refusing
 reexamination; it does not apply to challenging a basis for granting of reexamination.
 Even if an order grants reexamination, a petition under 37 CFR 1.515(c) 
 may be filed to challenge any refusal to reexamine a requested claim or a claim based on
 a requested basis, if applicable, as described below. 
 

 If an order granting reexamination includes a
 determination that the third party requester has not raised a substantial new question
 of patentability (SNQ) for one claim, but has raised a SNQ for at least one other claim,
 then third party requester may (within one month of the mailing date of the order) file
 a petition under 37
 CFR 1.515(c) for reconsideration of the determination as to the
 claim for which no SNQ has been found to be raised.
 

 Similarly, a petition under 37 CFR 1.181 may
 be filed (within one month of the mailing date of the order) requesting review of a
 determination granting a request for reexamination, if the determination grants the
 request as to a specific claim for some reasons (SNQs) advanced in the request but does
 not grant the request as to the claim for other reasons (SNQs) advanced in the request.
 A decision on such a petition is final and non-appealable. If no petition is timely
 filed, the determination shall be final and non-appealable. See, e.g., Belkin
 Int'l, Inc. v. Kappos, 696 F.3d 1379, 104 USPQ2d 1348 (Fed. Cir. 2012).
 
 

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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