Article
Patent Owners Get A Seat At The Table: USPTO Introduces Pre-Order Procedure For Ex Parte Reexamination
In an Official Gazette Notice signed by USPTO Director John A. Squires, the USPTO has established a new pre-order procedure in ex parte reexamination proceedings, effective for all reexamination requests filed on or after April 5, 2026. Patent owners are now permitted to formally weigh in before the USPTO decides whether a reexamination request raises a Substantial New Question of patentability (SNQ) under 35 U.S.C. § 303(a)—the threshold that must be met before reexamination can be ordered.
Lerner David Littenberg Krumholz & Mentlik, LLP