What happens if an inter partes reexamination certificate is not printed in a timely manner?
According to MPEP 2688, if the inter partes reexamination certificate is not printed in a timely manner after the expiration of the 3-month period following the issue date of the Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC), the following actions are taken:
- The Office of Patent Legal Administration (OPLA) may be contacted to inquire about the status of the publication.
- The certificate should be issued within 2 weeks of the inquiry to OPLA.
- If the certificate is not issued within 2 weeks, the case should be brought to the attention of the TC Director for appropriate action.
The MPEP states: “If the inter partes reexamination certificate is not printed in a timely manner after the expiration of the 3-month period following the issue date of the NIRC, the Office of Patent Legal Administration (OPLA) should be informed, to investigate and rectify the problem.“
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2688 - Issuance Of Inter Partes Reexamination Certificate,
Patent Law,
Patent Procedure