MPEP Q & A 77: Conclusion of an Inter Partes Reexamination Proceeding

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Question:

List one of the ways an inter partes reexamination proceeding may be concluded.

Answer:

Inter partes reexamination proceedings may be concluded in one of three ways:

  • The prosecution of the reexamination 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 1.997(b) with the issuance of a reexamination certificate.
  • The proceeding may be concluded under 37 CFR 1.997(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.

Chapter Details:

The answer to this question can be found in chapter 2600 of the MPEP. This chapter covers Optional Inter Partes Reexamination.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 2694 of the MPEP.  The following is a brief summary of section 2694.

2694 Concluded Reexamination Proceedings.

This section explains the 3 ways in which a reexamination proceeding may be concluded.

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