What happens when a reexamination is denied or vacated?
When a reexamination is denied or vacated, the following steps are taken according to MPEP 2694:
- The reexamination file is forwarded to the Central Reexamination Unit (CRU) if not already there.
- The CRU processes the file to provide a partial refund as per 37 CFR 1.26(c).
- The file is given an 820 status (reexamination denied) or 822 status (reexamination vacated).
- A copy of the PALM “Application Number Information” and “Contents” screens is printed and annotated with “PROCEEDING CONCLUDED.”
- The annotated copy is scanned into the Image File Wrapper (IFW) using the miscellaneous letter document code.
The MPEP states: “A reexamination file (IFW or paper) in which reexamination has been denied or vacated should be forwarded to the Central Reexamination Unit (CRU) if the file is not already there. The CRU will process the file to provide the partial refund set forth in 37 CFR 1.26(c).“
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2694 - Concluded Reexamination Proceedings,
Patent Law,
Patent Procedure