What happens after a reexamination request is denied?

After a reexamination request is denied, several administrative steps are taken:

1. The Central Reexamination Unit (CRU) processes the decision for mailing.
2. A one-month period is allowed for filing a petition seeking review of the denial.
3. If no petition is filed, the CRU processes a partial refund as per 37 CFR 1.26(c).
4. The reexamination proceeding is given a 420 status.
5. The file is annotated with “PROCEEDING CONCLUDED” and scanned into the Image File Wrapper (IFW).
6. The concluded file becomes part of the patent’s record.

As stated in the MPEP: “The concluded reexamination file (electronic or paper) containing the request and the decision denying the request becomes part of the patent’s record.”

To learn more:

• reexamination denial
• administrative procedure
• refund
• patent record