What is the process for preparing a decision on a request for ex parte reexamination?

The process for preparing a decision on a request for ex parte reexamination involves several steps, as outlined in MPEP 2246:

1. The reexamination file is reviewed in the Central Reexamination Unit (CRU) to ensure it’s ready for examination.
2. The proceeding is assigned to an examiner.
3. The examiner prepares for and sets up a panel review conference.
4. The examiner may prepare the decision and, if applicable, the first Office action before or after the conference.
5. If the conference confirms the decision to grant reexamination, the examiner completes and signs the decision, with conferees initialing.
6. The decision is processed and mailed, along with any necessary forms and references.

The MPEP states: “After the examiner receives the new reexamination file, the examiner will prepare for and set up a panel review conference as per MPEP § 2271.01, to discuss the issuance of a decision on the request for reexamination.”

To learn more:

• ex parte reexamination
• reexamination process
• patent examination
• Central Reexamination Unit
• panel review conference