What is the process for preparing an Office action in a patent reexamination?

The process for preparing an Office action in a patent reexamination, as outlined in MPEP 2262, involves several steps:

1. The examiner is notified upon receipt of a patent owner response or expiration of the response period.
2. The examiner prepares for and sets up a panel review conference (see MPEP § 2271.01).
3. The examiner may prepare the Office action before or after the conference, revising as needed.
4. If the conference confirms the examiner’s decision, the Office action is issued and signed by the examiner.
5. Two or more conferees initial the action to indicate their presence in the conference.

As stated in MPEP 2262:

“The examiner will prepare for and set up a panel review conference as per MPEP § 2271.01, to discuss the issuance of the Office action. The examiner may prepare the Office action after the conference, or may prepare the Office action prior to the conference and revise it as needed after the conference.”

This process ensures thorough review and collaboration in preparing reexamination Office actions.

To learn more:

• Office action preparation
• Reexamination
• Panel review conference
• Patent examination