MPEP Q&A 182: Characteristics of Ex Parte Reexamination - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2019-10-01T14:02:05
Question: List one of the basic characteristics of ex parte reexamination. Answer: The basic characteristics of ex parte reexamination are as follows: Anyone can request reexamination at any time during the period of enforceability of the patent; In ex parte reexaminations, prior art considered during reexamination is limited to prior art patents or printed publications applied under the appropriate parts of 35 U.S.C. 102 and 103. Patents may also be applied in a double patenting rejection; A substantial new question of patentability must be present for reexamination to be ordered; If ordered, the actual reexamination proceeding is ex parte in…
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