Ex Parte Reexamination
Ex Parte Reexamination Overview
Ex Parte Reexamination is a separate post-grant proceeding that differs from AIA proceedings like Post-Grant Review (PGR) and Inter Partes Review (IPR). It is not conducted before the Patent Trial and Appeal Board (PTAB) but instead handled by USPTO examiners.
Key Features Ex Parte Reexamination
Who Can Request?
- Anyone (third parties or the patent owner).
- Anonymous requests are allowed.
Timing
Can be requested at any time during the life of the patent.
Grounds for Challenge
- Only §§ 102 (novelty) and 103 (obviousness) based on patents and printed publications.
- No challenges based on § 101 (subject matter eligibility) or § 112 (written description, enablement, indefiniteness).
Participation
Limited participation for third-party requesters—after filing the request, the proceeding is only between the patent owner and the USPTO.
Estoppel
No formal estoppel provisions, so challengers can attempt other proceedings later. Limited participation for third-party requesters—after filing the request, the proceeding is only between the patent owner and the USPTO.
Decision Makers
USPTO examiners
Participation
Only the patent owner interacts with the USPTO
