What certifications are required in an inter partes reexamination request?

An inter partes reexamination request must include specific certifications as outlined in MPEP 2614. These certifications are crucial to ensure compliance with statutory provisions and to prevent abuse of the reexamination process. The required certifications are:

1. Estoppel Certification (35 U.S.C. 317 and 315(e)): The request must include “A certification by the third party requester that the statutory estoppel provisions of 35 U.S.C. 317 and 35 U.S.C. 315(e) do not prohibit the requester from filing the request for reexamination.” This certification ensures that the requester is not barred from filing due to previous patent office or court proceedings.
2. Additional Estoppel Certification (35 U.S.C. 315(e)(1)): The request must also include “A certification that the statutory estoppel provisions of 35 U.S.C. 315(e)(1) do not prohibit the third party requester from filing the request for reexamination.” This specifically addresses estoppel related to inter partes review proceedings.

These certifications serve to prevent parties from repeatedly challenging the same patent claims through different proceedings when they have already had an opportunity to do so. They help maintain the integrity of the patent system and prevent undue burden on patent owners.

It’s important to note that false certifications can have serious consequences, including the possibility of the reexamination being vacated if discovered later in the process.

To learn more:

• inter partes reexamination
• certifications
• estoppel
• USPTO