Question 28
Domain 4: Post-Grant Proceedings, Appeals, and International Patent LawWhat is the purpose of an ex parte reexamination?
Correct answer: B
Explanation
An ex parte reexamination lets a patent owner ask the USPTO to reconsider an issued patent based on prior art patents or printed publications. The process is limited to those grounds, so it is used "to request reexamination based on prior art patents or publications."
Why each option is right or wrong
A. To challenge patent validity in federal court
B. To allow the patent owner to request reexamination based on prior art patents or publications
Under 35 U.S.C. § 302, any person, including the patent owner, may file a request for ex parte reexamination of an issued patent, but only on the basis of prior art patents or printed publications that raise a substantial new question of patentability. The USPTO then determines whether to order reexamination under 35 U.S.C. § 303; the proceeding is limited to those documentary prior-art grounds and is not a general validity challenge.
C. To extend the term of a patent
D. To add new claims not supported by the original specification