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Ex Parte Reexamination — Patent Owner Pre-Order SNQ Submissions

Ex parte reexaminations filed on or after April 5, 2026 in which patent owner filed a pre-order submission before the Patent Office's determination on the substantial new question of patentability.

What changed on April 5, 2026. The USPTO added a pre-order procedure for ex parte reexamination. For any request filed on or after April 5, 2026, a patent owner may file a paper — no petition, no fee — arguing that the request's cited teachings do not raise a substantial new question of patentability under 35 U.S.C. § 303(a), before the Office decides whether to order reexamination. The paper is capped at 30 pages, due within 30 days of service (not extendable), and should not address § 325(d) discretion. A requestor generally cannot respond unless it first obtains leave by petition under 37 CFR § 1.182; any permitted response is capped at 10 pages and due within 15 calendar days of service of the pre-order paper. This page tracks those submissions, petitions, and determinations.

Pre-Order SNQ Submissions

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