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.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2688 - Issuance Of Inter Partes Reexamination Certificate, Patent Law, Patent Procedure
Tags: Certificate Printing, inter partes reexamination, Nirc, opla, Tc Director