When is a panel review conference required in ex parte reexamination?
A panel review conference is generally required before issuing a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) in ex parte reexamination proceedings. However, there are exceptions to this requirement.
According to MPEP 2287: “A panel review conference must be held in each instance where a NIRC is about to be issued, unless the NIRC is being issued: (A) following and consistent with a decision by the Board (or court) on the merits of the proceeding; or (B) as a consequence of the patent owner’s failure to respond or take other action where such a response or action is necessary to maintain pendency of the proceeding and, as a result of which failure to respond, all of the claims will be canceled.”
This means that panel review conferences are an important quality control measure in most cases, but are not required when the NIRC is a direct result of a higher authority’s decision or when all claims are being canceled due to the patent owner’s inaction.
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