What forms are used for advisory actions in ex parte reexamination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The USPTO uses specific forms for advisory actions in ex parte reexamination, depending on the stage of the proceedings. According to MPEP 2296, there are two main forms:

  • PTOL-467: Ex Parte Reexamination Advisory Action Before the Filing of an Appeal Brief
  • PTOL-467A: Ex Parte Reexamination Advisory Action After the Filing of an Appeal Brief

These forms are used to communicate the examiner’s position on amendments or arguments submitted by the patent owner after a final rejection but before or after the filing of an appeal brief, respectively.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2296 - Uspto Forms To Be Used In Ex Parte Reexamination Patent Law Patent Procedure
Tags: ex parte reexamination, Nirc, Reexamination Appeals, Reexamination Examination, Reexamination Order