EPR Academy: The EPR Process – From Request To Reexamination Certificate

The Highlights

1. Overview of EPR Stages: The ex parte reexamination (EPR) process has three main stages: filing, reexamination, and, optionally, appeal. This article focuses on the first two stages.
   
   
2. Filing Stage Requirements: A complete EPR request must include the patent and prior art documents, substantial new questions of patentability (SNQPs) with detailed reasoning, and administrative requirements such as service proof and certifications. Requests can also include amendments (if the requester is the patent owner), affidavits, and expert declarations, which are often beneficial to achieving favorable results.
   
   
3. Reexamination Stage Procedures: Once the USPTO determines an SNQP exists, the reexamination proceeds with examination, office actions, and office action responses. This stage culminates in the issuance of a reexamination certificate, which can cancel claims, confirm claims, or incorporate amended or new claims.