What happens if all claims are disclaimed in a patent under reexamination?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2287 - Conclusion Of Ex Parte Reexamination Proceeding,
Patent Law,
Patent Procedure