What are the four ways ex parte reexamination proceedings can be concluded?

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.

According to MPEP 2294, ex parte reexamination proceedings can be concluded in four ways:

• Denial of reexamination, vacating the reexamination proceeding, or terminating the reexamination proceeding
• Issuance of a Reexamination Certificate under 37 CFR 1.570(b)
• Merging with a reissue proceeding and granting a reissue patent under 37 CFR 1.570(e)
• Merging with an inter partes reexamination proceeding and issuing a single reexamination certificate under 37 CFR 1.997(b)

The MPEP states: “Ex parte reexamination proceedings may be concluded in one of four ways: (A) 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).”