MPEP Q & A 59: Concluding an Ex Parte Reexamination Proceeding

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Question:

What is one way an ex parte reexamination proceeding may be concluded?

Answer:

Ex parte reexamination proceedings may be concluded in one of four ways:

  • The prosecution of the proceeding may be brought to an end, and the proceeding itself concluded, by a denial of reexamination, or vacating the reexamination proceeding, or terminating the reexamination proceeding. (In these instances, no Reexamination Certificate is issued).
  • The proceeding may be concluded under 37 CFR 1.570(b) with the issuance of a Reexamination Certificate.
  • The proceeding may be concluded under 37 CFR 1.570(e) where the reexamination proceeding has been merged with a reissue proceeding and a reissue patent is granted; an individual reexamination certificate is not issued, but rather the reissue patent serves as the certificate.
  • The proceeding may be concluded under 37 CFR 1.997(b) where the ex parte reexamination proceeding has been merged with an inter partes reexamination proceeding and a single reexamination certificate is issued.

Chapter Details:

The answer to this question can be found in chapter 2200 of the MPEP. This chapter covers Citation of Prior Art and Ex Parte Reexamination of Patents.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 2294 of the MPEP.  The following is a brief summary of section 2294.

2294    Concluded Reexamination Proceedings

Ex parte reexamination proceedings may be concluded in one of four ways:

    • The prosecution of the proceeding may be brought to an end, and the proceeding itself concluded, by a denial of reexamination, or vacating the reexamination proceeding, or terminating the reexamination proceeding. (In these instances, no Reexamination Certificate is issued).
    • The proceeding may be concluded under 37 CFR 1.570(b) with the issuance of a Reexamination Certificate.
    • The proceeding may be concluded under 37 CFR 1.570(e) where the reexamination proceeding has been merged with a reissue proceeding and a reissue patent is granted; an individual reexamination certificate is not issued, but rather the reissue patent  serves as the certificate.
    • The proceeding may be concluded under 37 CFR 1.997(b) where the ex parte reexamination proceeding has been merged with an inter partes reexamination proceeding and a single reexamination certificate is issued.
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