ex parte reexamination

A reexamination procedure, created in the early 1980s, that allows a challenger to initiate a review by producing prior art and responding to a patentee’s statements regarding the new prior art, but that excludes the challenger from further participation in the examination process.

• Ex parte reexamination does not employ discovery mechanisms, and witnesses are not examined. The challenger also has no right to participate in an appeal. See 35 USCA §§ 302–307. Cf. inter partes reexamination.

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