What happens if all claims are disclaimed in a patent under reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When all claims in a patent under reexamination are disclaimed, a special type of reexamination certificate is issued to reflect this fact. According to MPEP 2287 : “If all of the claims are disclaimed in a patent under reexamination, a certificate under 37 CFR 1.570 will be issued indicating that fact.” This means that even if the patent owner chooses to disclaim all claims, effectively abandoning the patent rights, the reexamination process still concludes with the issuance of a certificate. This certificate serves as an official record of the outcome of the reexamination, indicating that no claims remain enforceable in the patent. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice of Intent to Issue Ex Parte Reexamination Certificate Must Be Prepared MPEP 2287 Required Certificate for Disclaimed Claims Under Reexamination MPEP 2287 No Re numbering of Patent Claims Allowed MPEP 2287 Permitted Examiner Must Inform QAS of Reexamination Conclusion MPEP 2287 Review Required for Reexamination Certificate MPEP 2287 Required Patent Owner Must Timely Respond to Office Action MPEP 2287 Claims Must Be Withdrawn If Patent Expires During Reexamination MPEP 2287 Required Examiner May Amend Patent for Reexamination Certificate MPEP 2287 Permitted Examiner Must Prepare Reexamination File for Certificate Issuance MPEP 2287 Required Notice of Intent to Issue Reexamination Certificate Required MPEP 2287 Other Related FAQs 5 FAQs Collapse Can amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)? How are canceled claims handled in the ex parte reexamination certificate? What happens if all claims are canceled in an ex parte reexamin...