When is a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) issued?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) is issued in two main scenarios:

1. When all claims are rejected or objected to in the prior Office action, the examiner will issue a NIRC indicating that all claims have been canceled and terminating the prosecution.
2. When at least one claim is free of rejection and objection, the examiner will issue a NIRC identifying all patentable claims and canceled claims.

The MPEP states: The following are the only instances when issuance of a NIRC action would be proper in an inter partes reexamination proceeding: followed by these two scenarios.