"Under the new procedure, patent owners have 30 days to file a response to an ex parte reexamination request, explaining why it does not raise a substantial new question of patentability."
"The Notice states that if a patent owner files a timely response, the Office will waive provisions that typically bar responses before the SNQ determination."
"Current rules, specifically 37 CFR § 1.530 and § 1.540, do not allow for any submissions by the patent owner prior to the SNQ determination."
On April 1, 2026, a new procedure was introduced allowing patent owners to respond to ex parte reexamination requests within 30 days. This response can explain why the request does not raise a substantial new question of patentability. The procedure aims to consider patent owner input before the SNQ determination. Existing rules remain unchanged, but the Notice allows for a waiver of certain provisions that typically bar responses prior to SNQ determinations, raising questions about the compatibility of this new procedure with current regulations.
Read at Global IP & Technology Law Blog
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