When should the examiner’s first Office action be mailed in an inter partes reexamination?

In an inter partes reexamination, the examiner’s first Office action on the merits should typically be mailed together with the order for reexamination. This practice is designed to expedite the process and adhere to the “special dispatch” requirement. As stated in MPEP 2661:

“In order to further the requirement for special dispatch, the examiner’s first Office action on the merits in an inter partes reexamination should ordinarily be mailed together with the order for reexamination.”

This approach allows the patent owner and third-party requester to receive the examiner’s initial findings simultaneously with the decision to proceed with reexamination, potentially saving time in the overall process.

To learn more:

• inter partes reexamination
• Office action
• patent examination
• USPTO procedures