MPEP Section 2212, Persons Who May File a Request
Executive summary:
This document contains Section 2212 ("Persons Who May File a Request") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.
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2212 Persons Who May File a Request >for Ex Parte Reexamination< [R-2]
37 CFR 1.510 Request for >ex parte< reexamination.
(a) Any person may, at any time during the period of enforceability of a patent, file a request for an ex parte reexamination by the Office of any claim of the patent on the basis of prior art patents or printed publications cited under § 1.501. The request must be accompanied by the fee for requesting reexamination set in § 1.20(c)(1).
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35 U.S.C. 302 and 37 CFR 1.510(a) both indicate that "any person" may file a request for reexamination of a patent. Accordingly, there are no 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 patent owner can ask for reexamination which will be limited to an ex parte consideration of prior >art< patents or printed publications. If the patent owner wishes to have a wider consideration of issues by the Office, including matters such as prior public use or >on< sale, the patent owner may file a reissue application. It is also possible for the *>Director of the Office< to initiate reexamination on the *>Director's< own initiative under 37 CFR 1.520. Reexamination will be initiated by the *>Director's< on a very limited basis, such as where a general public policy question is at issue and there is no interest by "any other person." Some of the persons likely to use reexamination are patentees, licensees, potential licensees, attorneys without identification of their real client in interest, infringers, potential exporters, patent litigants, interference applicants, and International Trade Commission respondents. The name of the person who files the request will not be maintained in confidence.