How is an inter partes reexamination certificate distinguished from an ex parte reexamination certificate in the Official Gazette?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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.
The Official Gazette notice clearly distinguishes an inter partes reexamination certificate from an ex parte reexamination certificate. As stated in MPEP 2691: “The notice of reexamination certificate will clearly state that it is a certificate for a concluded inter partes reexamination proceeding (as opposed to an ex parte reexamination proceeding).”
This clear statement ensures that readers can easily differentiate between the two types of reexamination proceedings when reviewing the Official Gazette notices.
Topics:
MPEP 2600 - Optional Inter Partes Reexamination
MPEP 2691 - Notice Of Inter Partes Reexamination Certificate Issuance In Official Gazette
Patent Law
Patent Procedure