What is the timeline for preparing and reviewing an examiner’s answer in inter partes reexamination?

The timeline for preparing and reviewing an examiner’s answer in an inter partes reexamination proceeding is outlined in MPEP 2677. The key steps and timeframes are as follows:

1. The examiner’s answer is to be completed by the examiner within two weeks after the appeal conference.
2. After completion, the examiner obtains the initials of the appeal conference participants (conferees).
3. The examiner then forwards the reexamination file with the answer to the CRU Supervisory Patent Reexamination Specialist (SPRS) or Technology Center (TC) Quality Assurance Specialist (QAS) for review.
4. If the answer is in order, the CRU SPRS/TC QAS forwards the reexamination file with the answer to the CRU technical support staff.
5. The CRU technical support staff mails a copy of the examiner’s answer to the patent owner and to the third party requester(s).

The MPEP does not specify exact timeframes for the review process, but it emphasizes the importance of timely processing. The examiner is responsible for ensuring that the clerical processing is done and forwarding the case to the CRU SPRS/TC QAS promptly after completing the answer.

To learn more:

• examiner’s answer
• timeline
• inter partes reexamination
• patent examination
• appeal process