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Ex Parte Reexamination

May 31, 2022

Ex parte reexamination requests increased exponentially in 2021. With a lower legal standard for institution and no requirement to identify the real party in interest, ex parte reexamination may be used as an alternative to inter partes review (IPR) or post grant review (PGR) and are increasingly being used as a second bite of the apple after denial of other post grant proceedings. Ex parte reexamination is available when a prior art patent or printed publication creates a substantial new question of patentability as to one or more claims in a patent. The patent owner, a third party, or sometimes the USPTO itself may request the reexamination. Learn more about this proceeding including the required elements of a reexamination request.

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