MPEP Q & A 134: Who is Barred From Filing a Request for Ex Parte Reexamination of a Patent?

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Question:

Who is barred from filing a request for ex parte reexamination of a patent?

Answer:

“Any person” may file a request for ex parte reexamination of a patent, unless prohibited by AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). Accordingly, there are no types of “persons” who are excluded from being able to seek reexamination.

  • Corporations and/or governmental entities are included within the scope of the term “any person.”
  • The only “person” who is barred from filing a request for ex parte reexamination of a patent is one who is barred from doing so by the estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) based on inter partes review and post grant review, respectively, once the estoppel attaches.

Chapter Details:

The answer to this question can be found in chapter 2200 of the MPEP. This chapter covers Citation of Prior Art and Ex Parte Reexamination of Patents.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 2212 of the MPEP.  The following is a brief summary of section 2212.

2212 Persons Who May File a Request for Ex Parte Reexamination

Anyone, including corporations and government entities, may file a request for ex parte reexamination of a patent.