What is the process for preparing an inter partes reexamination file for publication of the certificate?

The process for preparing an inter partes reexamination file for publication of the certificate involves several steps:

  1. The examiner completes an Examiner Checklist Reexamination form (PTOL-1516).
  2. The Legal Instrument Examiner (LIE) completes a Reexamination Clerk Checklist form (PTOL-1517).
  3. The case is reviewed by the Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) or Technology Center (TC) Quality Assurance Specialist (QAS).
  4. After review, the Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) is mailed.
  5. Appropriate PALM work and update scanning are carried out.
  6. The reexamination proceeding is forwarded to the Office of Data Management for printing.

The MPEP states: As to preparing the inter partes reexamination file for publication of the certificate, see MPEP § 2287 for guidance. The preparation of an inter partes reexamination proceeding for publication is carried out in the same manner that an ex parte reexamination proceeding is prepared for publication.

Special attention should be given to multiple dependent claims, the title of the invention, and cases where all claims are to be canceled.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2687 - Notice Of Intent To Issue Inter Partes Reexamination Certificate (Nirc) And Conclusion Of Reexamination Proceeding, Patent Law, Patent Procedure
Tags: inter partes reexamination, publication process, reexamination certificate, USPTO procedures