Is a partial refund provided when a reexamination is terminated?

According to MPEP 2694, when a reexamination is terminated, a partial refund is not provided. This is because the reexamination was properly commenced and addressed before being terminated based on external factors such as a court decision.

The MPEP states: “A partial refund is not made in this instance, since the reexamination was properly commenced and addressed, and was terminated later based upon a court decision, or the like.

The process for a terminated reexamination includes:

  1. Forwarding the file to the Central Reexamination Unit (CRU).
  2. Assigning an 820 status (reexamination terminated) to the file.
  3. Annotating and scanning a copy of the PALM screens with “PROCEEDING CONCLUDED” into the Image File Wrapper (IFW).

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2694 - Concluded Reexamination Proceedings, Patent Law, Patent Procedure
Tags: Central Reexamination Unit, ifw, Partial Refund, Reexamination Termination