When is a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) issued?

A Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) is issued in two main scenarios:

  1. When all claims are rejected or objected to in the prior Office action, the examiner will issue a NIRC indicating that all claims have been canceled and terminating the prosecution.
  2. When at least one claim is free of rejection and objection, the examiner will issue a NIRC identifying all patentable claims and canceled claims.

The MPEP states: The following are the only instances when issuance of a NIRC action would be proper in an inter partes reexamination proceeding: followed by these two scenarios.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2687 - Notice Of Intent To Issue Inter Partes Reexamination Certificate (Nirc) And Conclusion Of Reexamination Proceeding, Patent Law, Patent Procedure
Tags: inter partes reexamination, Nirc, patent claims, USPTO procedures