Ex Parte Reexamination

Ex parte reexamination is authorized by 35 U.S.C. '' 302-307 and allows a Requester a single opportunity to file a Request to reexamine a patent. Any unexpired patent can be a target of the Request. Only patents or printed prior art publications can be cited in support of the Request, so the proceeding is limited to challenges for invalidity due to novelty (35 U.S.C. ' 102) or obviousness (35 U.S.C. ' 103). A senior examiner other than the original examiner then determines whether a "substantial new question of patentability" is presented in the Request.

If a new question is presented, and the evaluation system is weighted to find that a substantial new question of patentability is presented, the examiner institutes the reexamination. The examiner will send the Owner a letter that sets out all the reasons why the claims are believed to be invalid. The Owner can then respond with narrowing amendments to the claims and arguments against the examiner's reasoning. This process continues without any further input from the Requester until the claims are deemed patentable by the examiner or the Owner seeks an appeal to the USPTO Board of Patent Appeals and Interferences and, from there, up to the Court of Appeals for the Federal Circuit.

 http://goliath.ecnext.com/coms2/summary_0199-3523355_ITM

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