USPTO Allows Patent Owners Pre-Order Responses in Ex Parte Reexams Before SNQ Ruling[1][2][3]
On April 1, 2026, USPTO Director John A. Squires issued an Official Gazette Notice introducing a new "pre-order procedure" for ex parte reexaminations, allowing patent owners to file a limited response—up to 30 pages, within 30 days of service of the request—arguing why the third-party request does not raise a substantial new question of patentability (SNQ) under 35 U.S.C. § 303(a).[1][2][3][7][8][9] This applies to requests filed on or after April 5, 2026, with no extensions, fees, or petitions required; submissions must be served on the requester and exclude § 325(d) arguments or prior analyses.[1][3][4][7][8] The USPTO will consider these papers in its SNQ determination, waiving rules in 37 CFR §§ 1.530 and 1.540 that previously barred owner input before ordering reexamination.[8][9]