(139) Modified Panel Review Conference Procedure
Pilot in Ex Parte Reexamination Proceedings
The United States Patent and Trademark Office (USPTO) is establishing,
on a six-month pilot basis, effective on execution of this notice, a
modified panel review conference procedure in ex parte reexamination
proceedings. The makeup of the panel members is being modified to better
meet USPTO stakeholder needs.
As set forth in section 2271.01 of the Manual of Patent Examining
Procedure (MPEP), a panel review conference is conducted at each stage of
examination in an ex parte reexamination proceeding, other than for actions
such as notices of informality or incomplete response. Prior to the
issuance of each Office action, the panel reviews the Central Reexamination
Unit (CRU) examiner's preliminary decision to reject and/or allow the
claims in the proceeding.
Since the establishment of the panel review conference procedure in
2000, the panel has consisted of three or more members. See Change in
Policy of Examiner Assignment in Ex Parte Reexamination Proceedings and
Establishment of Patentability Review Conferences in Ex Parte Reexamination
Proceedings, 1237 Off. Gaz. Pat. Office 138 (August 29, 2000), as revised
in 2014 by section 2271.01 of the MPEP. One of the members has been a CRU
manager (i.e., a Supervisory Patent Reexamination Specialist (SPRS)) and
the second member has been the CRU examiner in charge of the proceeding
(i.e., a Patent Reexamination Specialist). The third panel member, selected
by the CRU manager, often has been another CRU examiner.
The USPTO is exploring ways to expand CRU examination capacity and
improve efficiency to more effectively meet stakeholder needs while
maintaining the assistance a panel review conference provides the assigned
examiner in considering patentability issues. Modifying the composition of
the panel for the panel review conferences is one way to achieve all these
objectives. Effective on execution of this notice, the panel for review
conferences in all pending and future ex parte reexamination proceedings
will include at least the Patent Reexamination Specialist in charge of the
proceeding and one SPRS. The panel review conference will be carried out
for each Office action, including examiner's answers in appeals, with the
Patent Reexamination Specialist signing the actions and the SPRS initialing
as a conferee. This modification in the composition of the panel for review
conferences is expected to allow CRU examiners to focus on assigned
reexamination proceedings in lieu of participating in review conferences,
thereby creating greater CRU examination capacity and improving efficiency.
If the pilot is made permanent, section 2271.01 of the MPEP will be revised
to reflect the changes to the make-up of the panel as described herein, and
section 1207.01 of the MPEP will be revised to address the modification
with respect to examiner's answers in ex parte reexamination appeals.
This modified panel review conference procedure in ex parte
reexamination proceedings is being established on a six-month pilot basis
to afford the USPTO sufficient opportunity to assess its impact on CRU
examination capacity and efficiency.
August 20, 2025 COKE MORGAN STEWART
Acting Under Secretary of Commerce for Intellectual Property and
Acting Director of the United States Patent and Trademark Office
[1538 OG 358]
Top of Notices (139) December 30, 2025