Patent Bar Mpep Q & A Podcast

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)… The post MPEP Q & A 134: Who is Barred From Filing a Request for Ex Parte Reexamination of a Patent? appeared first on Patent Education Series.