Ex Parte Reexamination

Term: Ex Parte Reexamination

Definition: At any time during the enforceability of a patent a person may file a request for the USPTO to conduct a second examination of any claim of the patent on the basis of prior art patents or printed publications that person states to be pertinent and applicable to the patent and believes to have a bearing on the patentability (see 37 CFR 1.501). In order for the request for reexamination to be granted, a substantial new question of patentability must be present regarding at least one patent claim.

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