37 CFR 1.525: Order for ex parte reexamination

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

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1.525    Order for ex parte reexamination.

  • (a) If a substantial new question of patentability is found pursuant to § 1.515  or § 1.520, the determination will include an order for ex parte reexamination of the patent for resolution of the question. If the order for ex parte reexamination resulted from a petition pursuant to § 1.515(c), the ex parte reexamination will ordinarily be conducted by an examiner other than the examiner responsible for the initial determination under § 1.515(a).
  • (b) The notice published in the Official Gazette under § 1.11(c) will be considered to be constructive notice and ex parte reexamination will proceed.
[46 FR 29186, May 29, 1981, effective July 1, 1981; heading and paras. (a) and (b) revised, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001]